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A 0 ' 3 


BROOKLYN EAGLE 
LIBRARY. 


Vol. XII., No. 3. FEBRUARY, 1897. Price, Ten Cents 

- 3 AUG P 1 

Che Charter 

1 2^ ’ rrg 

FOR THE 

Greater new YorR 

And Proposed Acts Supplementary thereto 
as submitted to the State Legislature by 
the Commission on the Greater New York. 

PUBLISHED BY THE 

BROOKLYN DAILY EAGLE. 

■i ' J 



For Household Goods 
and 

General Merchandise 

VANS 

for use in City or 
Country. 

BOXING, PACKING 
and SHIPPING. 

tiectrlo'caroet 
Gleaning works 

the best equipped 
plant in either city 
and the only one lo- 
cated in an absolute- 


ABSOLUTELY 

FIRE-PROOF 

WAREHOUSES 

TELEPHONE IOOO BROOKLYN. 

Real Estate 
and Insurance. 

SALE, PURCHASE 
RENTAL AND 
EXCHANGES 

Loans Negotiated 
Lstates Managed 

INSURANCE AT 
CLOSE RATES 
IN HIGH CLASS 
COMPANIES 

MODERN SAFE 

DEPOSIT VAULTS 
Boxes, 53,00 Per Year. 



MA > MtsHE - : s = S ■* V ► . 

3 m 


PIONEER STORAGE AND REALTY CO. 
and Electric Carpet Cleaning Works , 

4! and 43 FLA TBUSH AVENUE, near Fulton Street 

Extending through the block to 

78, 80, 82 and 84 ROCKWELL PLACE, BROOKLYN, N. Y. 


140 



THE CHARTER 


FOR THE 

GREATER NEW YORK 


Report of the Commission and Acts Supplementary to 
the Charter as submitted to the State Legislature 
by the Commission on the Greater New York 

OFFICE OF PUBLICATION, 

EAGLE BUILDING, BROOKLYN. 


Entered at the Brooklyn Post Office as Second Class Matter. Vol. XII., No. 3 of the Eagle Library, 
February, 1897. Yearly Subscription, 50 cents. Almanac Number, 25 cents. 


Franklin Trust Company 

MONTAGUE STREET, COR. OF CLINTON. 


CAPITAL, - - $1,000,000 SURPLUS, - - $900,000 


Authorized by law to act as Executor, Administrator, Trustee, Guardian or Committee and offers 

special advantages as such. 


Is a Legal Depository for Court Moneys, allows Interest on Deposits. 


Offers its services on fayorable terms as Trustee of Corporation Mortgages, Registrar or Transfer Agent for 

Corporations and Municipalities. 


Loans Money on Approved Securities. 

Checks on this Company will be paid through the New York Clearing House. 


GEO. H. SOUTHARD, President WILLIAM H. WALLACE, Vice-President 

JAMES R. COWING, 2d Vice-President and Secretary CROWELL HADDEN, Jr., Assistant Secretary 

TRUSTEES. 


A. A. Low 
Edwin Packard 

i OHN Winslow 
)arwin R. James 
Wm. H. Wallace 


Joseph E. Brown, 
Alexander E. Orr 
Franklin E. Taylor 
D. PI. Houghtaling 
Albro J. Newton 


Crowell Hadden 
H. E. Pierrf.pont 
Geo. M. Olcott 
Geo. H. Southard 
Wm. A. Read 


Theodore Dreier 
Thos. E. Stillman 
Martin Joost 
Geo. M. Coit 
Robt. B. Woodward 


EXECUTIVE COMMITTEE. 

Alexander E. Orr Geo. M. Olcott 

Wm. H. Wallace Joseph E. Brown 

Geo, H. Southard 


/ / 


/4/ 


ESTABLISHED 1819. 

) - 

Barrett, Nephews & Co., 


x 4b 




\tL\ 

% V rv A. 


XQ% 


% 


Old Staten Island Dyeing Establishment. 


98 DUANE STREET, NEW YORK. 


A few of 
the things 
we do : 


DRY CLEANSE LADIES' COSTUMES 

OF SILK, VEL VET OR SA TIN. 

DYE LADIES’ MADE-UP GARMENTS. 

DRY CLEAN SILK WAISTS 

AND RETAIN SHAPE AND BEAUTY. 


DYE OR CLEAN FEATHERS, KID GLOVES 
TIES AND SHALL ARTICLES. 
CLEAN FINE LACES 

AND FINISH THEM EQUAL TO NEW. 

DO UP LACE CURTAINS AND BLANKETS. 
DYE OR CLEAN GENTLEMEN’S GOODS. 


OFFICES. 

NEW YORK: 

98 Duane St., 12 John St., 870 Broadway, 610 Sixth Av.. 844 Sixth Av., 19 West 42d St. 

282 Columbus Av., 336 Columbus Av., 2320 Eighth Av., 2 West 125th St., 2147 Third Av., i46o Third Av. 

BROOKLYN: 482 Fulton St., 1177 Fulton St., 168 Pierrepont St. 

PHILADELPHIA: 1225 Chestnut St., 47 North Eighth St. BALTIMORE: 215 North Charles St. 

Goods called for and delivered without charge. Telephone and mail orders promptly attended to. 


TELEPHONE CALLS: 541 FRANKLIN, 696 18th STREET. 


SEND FOR PRICE LIST, 


TABLE OF CONTENTS. 


PAGE, SEO 


Report op Commission*.... T.' 5 

Proposed Constitutional Amendments 165 

Supplementary Report by Commissioners Seth Low and \V. 

L. Strong 166 

Supplementary Statement by a Majority op the Commission- 
ers 167 


THE GREATER NEW YORK CHARTER. 


CHAPTER I. 

Boundaries. Boroughs, Powers, Rights and Obligations op 

the City 10 1 

CHAPTER II. 

Legislative Department 11 17 

\ 

CHAPTER hi. 

Franchises and Grants op Land Under Water: 

Title 1, Franchises 16 71 

2. Grants of land under water 17 83 

CHAPTER IV, 

The Executive 17 94 

CHAPTER V. 

The Mayor 18 115 

CHAPTER VI. 

The Department op Finance : 

Title 1, The Controller 20 140 

2, Bonds. and obligations of the City 22 169 

3, The Chamberlain... 25 104 

4, The Sinking Fund 26 204 

6, Appropriations and the Board of Estimate and Ap- 
portionment 28 226 

6. Levying Taxes.., 82 247 

CHAPTER VII. 

Law Department 33 255 

CHAPTER VIII. 

Police Department 84 270 

CHAPTER IX. 

Borough Officers, Local Boards and Local Improvements : 

Title 1, Borough Officers 40 382 

2, Local Boards 46 890 

8. Local Improvements 47 400 

CHAPTER X. 

Public Improvements: 

Title 1, Board of Public Improvements 47 410 

2, Map or plan of the City of New York ; map of sewer 

system and sewer districts 50 432 

3, General provisions relating to Departments....,..., 51 450 

4, Department of Water Supply 62 408 

5, Department of Highways., 57 523 

6, Department of Street Cleaning...,,, 68 583 

7, Department of Sewers 01 555 

8, Department of Public Buildings, Lighting and Sup- 

plies 62 672 

9, Department of Bridges . 04 594 

CHAPTER XI. 

Department of Parks : 

Title 1. Parks of the City...., 65 607 

2, The Art Commission 07 033 

CHAPTER XII. 

Department of Buildings. 68 644 

CHAPTER XIII. 

Department of Public Charities C8 638 

CHAPTER XIV. 

Department of Correction 73 094 


PAGE. SBC. 


CHAPTER XV. 

Fire Department : 

Title 1, Organization, duties and powers of officers and men. 75 720 

2, Fires and their extinction 78 748 

3, Prevention of fires ; explosives and combustible ma- 

terials V8 760 

4, Fire marshals and investigation of origin of fire..., 81 779 

5, Relief fund and pensions 82 789 

6, Taxes upon foreign insurance companies 83 798 

CHAPTER XVI. 

Docks, Piers. Harbor, Port and Waters ; 

Title 1, Department of Docks and Ferries 85 818 

2. Piers, slips and wharfage 89 844 

8. General provisions 92 876 

CHAPTER XVII. 

Taxes and Assessments : 

Title 1, Department of Taxes and Assessments ; powers and 

duties 93 884 

2, Assessments for local improvements other than 

those confirmed by a court of record 97 943 

3, Vacating and modifying assessments for local im- 

provements other than those confirmed by a 

court of record 99 958 

4, Opening streets and parks 99 970 

5, Sales of lands for taxes and assessments and water 

rates 103 1017 

CHAPTER XVIII. 

Department of Education : 

Title 1, Public schools and their management 109 1055 

2, The College of the City of New York 116 1127 

3, The Normal College ...... 117 1139 

4, General provisions 118 1151 


CHAPTER XIX. 

Department op Health : 

Title 1, Power and duties of the department, its offices and 


administration 119 1167 

2, Marriages, births and deaths ... 125 1236 

3, Duties of physicians and others 126 1247 

4, Legal proceedings and pnnishment for disobedence 

of orders and ordinances 126 1257 

5, Reimbursement of expenses 128 1275 

6, Abatement by suit 130 1287 

7, Tenement and lodging houses ... 131 1304 

8, Pension fund 135 1331 

CHAPTER XX. t 

Inferior Local Courts : 

Title 1, The City Court of New York 136 1345 

2, The Municipal Court of the City of New York 136 1350 

8, Inferior Courts of criminal jurisdiction 140 1390 

4, The Marshals 142 1424 

CHAPTER XXI. 

The Acquisition of Lands and Interests Therein for pub- 
lic Purposes..., 143 1435 

CHAPTER XXII. 

General Statutes : 

Title 1, The streets 145 1454 

8, Amusements 146 1473 

3, Birds 147 1493 

4, Commercial paper during epidemic 148 1499 

5, Pharmacists and druggists 148 1610 

0, Board of City Record.., 149 1520 

7. General provisions- 150 1533 

8. Coroners.,, 153 1570 

CHAPTER rXXIII. 

Provisions relating to Counties andjrepeal Provisions : 

Title 1, Provisions relating to counties 153 1577 

2, Repeal provisions..., 155 KJ08 


APPENDIX lQO 



REPORT 


Accompanying the Proposed Greater 


New York Charter. 


To the- Legislature : 

The commission appointed pursuant to the 
provisions of chapter 488 of the laws of 1896 
to prepare a charter for greater New York 
and to submit, in connection therewith, such 
supplementary bills as might appear to be 
necessary to carry into effect the legislative 
intent as declared by the law under which they 
were appointed, respectfully submits here- 
with: 

1. A charter for greater New York. 

2. An act to provide for boards of super- 
visors in counties wholly within the limits 
of a city, but not comprising the whole of 
such city, and defining the powers and duties 
thereof. 

3. An act relating to the election of city 
officers of the city of New York as consti- 
tuted by the greater New York charter, at 
the general election to be held in November 
in the year 1897, and for the canvass and re- 
turn of the votes thereof and the determina- 
tion of persons elected thereat. 

4. Certain amendments to chapter 909 of 
the laws of 1896, known as the election law, 
which appear to be necessary in connection 
with the elections to be held In 1897 and 
thereafter, within the territory to be con- 
solidated into greater New York. 

5. An act to provide for the election of 
supervisors in the several wards of the bor- 
ough of Queens in the city of New York, to 
be members of the boards of supervisors of 
the county of Queens. 

6. An act in relation to the city court of 
the city of New York and for the accommo- 
dation thereof, authorizing the fitting up 
and equipping of certain parts of the city 
hall in the city of New York. 

7. A proposed constitutional amendment 
to authorize the municipal assembly or oth- 
er legislative body of a city to discharge for 
counties wholly included within the limits 
of such city the duties at present devolved 
by the constitution upon boards of supervis- 
ors throughout the state. 

8. A proposed constitutional amendment 
forbidding counties wholly included within 
the limits of a city to become indebted. 

9. A proposed constitutional amendment 
authorizing laws to be passed providing in 
municipal elections for minority or propor- 
tionate representation. 

Necessity for such supplementary legislation. 

Before speaking of the charter itself, it ap- 
pears to be proper to explain the necessity 
for the supplementary legislation suggested, 
and to state the reasons that have prompted 
the commission to submit the proposed consti- 
tional amendments. 

The legislature will recall that his excel- 
lency, Governor Morton, in approving the bill 
under which the commission has been serv- 
ing, called especial attention to the possibility' 
as an incidental result of consolidation, of the 
resuscitation in the counties of New York 
and Kings of separate and independent boards 
of supervisors, and of the possible continu- 
ance in Richmond county of a board of super- 
visors notwithstanding the inclusion of that 
county within the limits of the enlarged city. 
This question, thus prominently brought to 
their attention, naturally has received from 


the commission the most careful considera- 
tion. The members of the commission are of 
one mind in believing that the creation of 
greater New York would be an almost un- 
mixed misfortune, if it were to result in paral- 
leling the city government throughout the ter- 
ritory of the consolidated city with a separate 
and independent county g/ vernment in the 
three counties of New York, Kings and Rich- 
mond. The state constitution deals effectually 
with such a situation when a city and a coun- 
ty are literally coterminous; and probably no 
one will dispute that the spirit of the consti- 
tution, as expressed in the provisions deal- 
ing with that case, equally demands that the 
functions of the board of supervisors in the 
various counties included within the consoli- 
dated city of New York should be discharged 
by the legislative body of the city, precisely 
as such functions are now discharged for 
New York county by the board of aldermen of 
the city cf New York, and for Kings county 
by the common council of Brooklyn. On the 
other hand, it is not clear that the letter of 
the constitution, by reason of its failure to 
provide in terms for the precise case of a 
city that should include within its boundaries 
the whole of more than one county, might not 
lead to serious embarrassment. According- 
ly, the commission urges as a material part 
of the plan for the creation of greater New 
York the passage of the act defining the powers 
and duties of boards of supervisors in coun- 
ties wholly within the limits of a city, but 
not comprising the whole of such city. 

The Act provides: 

1. That in such counties the boards of 
supervisors shall consist of the members of 
the municipal assembly, to be elected as 
such, and also as supervisors, by the people 
of the county. 

2. That such boards of supervisors may 
act as county canvassers, and shall have the 
power conferred by the constitution upon 
supervisors of sub-dividing the counties into 
assembly districts. 

3. That such boards of supervisors shall 
have no other power of local legislation or 
administration, and shall have no power to 
create debt. 

4. All other boards of supervisors within 
such counties are abolished from and after 
January 1, 1898. 

The powers of local legislation and admin- 
istration heretofore generally possessed by 
boards of supervisors can, in the opinion of 
the commission, be vested by the legislature 
of the state in the municipal assembly and 
administrative departments of greater New 
York, and the charter so provides. 

This act, it is believed keeps strictly with- 
in the provisions of the constitution, and,, 
should it become a law, will obviate the ap- 
prehended embarrassments of the situation 
so far as an enactment that is dependent 
upon the legislative will can do so. With the 
passage of this act the commission believes 
that consolidation can be safely carried into 
effect. It also believes that the constitution 
of the state should be amended in order to 
put an end, definitely and permanently, to all 
danger cf conflict between city and county 
government in a city including within its 
limits one or more counties, precisely as the 


constitution already puts an end to such con- 
flict in the ease of a city that is coterminous 
with a county. The commission, therefore, 
respectfully urges upon the legislature that 
it take the necessary action to bring before 
the people of the state, in due course, the 
amendment to the constitution that has been 
prepared to deal with this subject, and also 
the amendment to prevent such counties from 
incurring debt. 

Elections in the greater city for the year 1897. 

According to the law under which the com- 
mission is serving, greater New York is to 
be constituted on the 1st of January, 1898. 
It will, therefore, be necessary to hold an 
election for the officers of the enlarged city 
in the autumn of this year in the three coun- 
ties of New York, Kings and Richmond and 
in that portion of Queens county that is to 
be embraced within the city of New York. 
In its temporary aspect this situation neces- 
sitates the passage of the act relating to the 
election of city officers of the city of New 
York as constituted by the greater New York 
charter at the general election to be held 
in November in the year 1897 and for the 
canvass and return of the votes thereof and 
the determination of persons elected thereat. 
Inasmuch as this election for city officers will 
be carried on in four different counties, it 
appears to be necessary, also, to amend the 
general election law so as to provide for the 
city election of 1897, and also for subsequent 
elections to be conducted under the same 
conditions. It is believed that the amend- 
ments herewith submitted to chapter 909 of 
the laws of 1896, known as the election law, 
deal adequately with that phase of the ques- 
tion. 

Act concerning election of supervisors. 

By the provisions of the greater New York 
charter the towns in that part of Queens 
county consolidated into the city, and Long 
Island City, become wards of the city of New 
York. The act to provide for the election of 
supervisors therein, and providing that such 
supervisors shall be members of the board of 
supervisors of the county of Queens, is thus 
made necessary. 

It will be manifest in the legislature that 
all of the foregoing acts, in substance and ef- 
fect, must be adopted in connection with the 
charter for the greater New York, if consoli- 
dation is to be effected on the 1st of January, 
1898, without unspeakable confusion. 

Act concerning the city court. 

An act in relation to the city court of the 
city of New York, and for the accommodation 
thereof, and authorizing the fitting up and 
equipping of certain parts of the city hall 
of the city of New York, though less funda- 
mental in importance, is no less desirable 
from the point of view of public convenience 
if the charter submitted by the commission 
is to be adopted. The charter provides for a 
municipal assembly consisting of two houses, 
and also for a board of public improvements 
which is to have very important functions 
in relation to all the* public work of the 
municipality. The act submitted by the com- 
mission is intended to provioe quarters for 
the city court of New York outside the city 


« REPORT OF THE GREATER NEW YORK COMMISSION. ^ 


hall, and to authorize the present govern- 
ment of the city to provide suitable quarters 
in the city hall for both houses of the muni- 
cipal assembly and for the board of public 
Improvements. The commission, therefore, 
urges the passage of this bill, also, in con- 
nection with the charter for greater New York, 
in the interest of public convenience. 

Minority Representation. 

The purpose of the second proposed con- 
stitutional amendment is to Invest the legis- 
lature with authority to permit minority or 
proportionate representation in municipal elec- 
tions. It is a source of sincere regret to 
the majority of the commission that under 
the constitution of the state, as it now stands, 
it has appeared to be impossible to provide 
for minority or proportionate representation 
in the charter of greater New York, without 
making a vital part of the charter depend 
upon a provision of uncertain constitution- 
ality. Such representation is equally desir- 
able whether the basis of division in muni- 
cipal elections be political or non-political. 
So far, both in the history of Great Britain 
and of this country, the complete exclusion 
of politics from municipal elections has been 
found impossible. Many hope that in the 
future it may not be so. But if such ex- 
pectations be realized, some basis of division 
on local issues will still exist representing 
differences of opinion, and it is important 
whatever such differences may be, that the 
minority shall be represented. The commis- 
sion would have provided for the election of 
some members of the municipal assembly at 
large and for a gradual retirement of the 
members of one or both houses, if it cpuld 
have done so with the assurance that in 
every year the minority, whatever that might 
be, would have secured under all circum- 
stances just representation. But, in greater 
New York, where the political division of the 
citizens is so one-sided, elections wholly at 
large for the municipal assembly would be 
likely to mean, in most years, the absolute 
extinction of the minority. Partial elections 
at large in ordinary years could only tend 
to decrease the minority’s just and propor- 
tionate weight. A method of election that 
should make it Impossible ever to change the 
membership of the assembly at one time, 
would be apt to give the control of the 
municipal assembly of the city to the ma- 
jority, happen what would. In the mean- 
while it has seemed to the commission of 
the utmost consequence to the pubilc wel- 
fare that the minority, howqver composed, 
should be represented in the municipal as- 
sembly at all times, even if it cannot 
hope often to secure control. The com- 
mission has, therefore, arranged hi both 
houses of the municipal assembly for a sys- 
tem of representation by districts that will 
secure always a certain representation for the 
minority. The distribution and political 
habits of the people of the city are likely, in 
the judgment of the majority of the commis- 
sion, often to make this representation less 
than it ought of right to be; and the commis- 
sion, therefore, urges as strongly as possible 
that the amendment to the state constitution 
to permit minority or proportionate repre- 
sentation in municipal electiens be placed 
promptly in the way of adoption. It does 
this, also, the more readily, because It be- 
lieves, quite apart from the special conditions 
prevailing in greater New York, that minor- 
ity or proportionate representation is in the 
Interest of good city government. Such repre- 
sentation tends to emphasize the fact that, 
in the administration of a city, the common 
Interests of the citizenship of the place are 


more fundamental than party divisions; while, 
in the meanwhile, it tends to preserve the 
interest of the minority In the effort to se- 
cure good city government by encouraging 
them to feel that their efforts are not use- 
less. 

The proposed charter. 

In approaching the discussion of the charter 
herewith submitted it is proper for the 
■commission to remind the legislature that the 
task imposed upon them, at once delicate and 
onerous as any task could be, has also been 
very definite and precise in its nature. The 
commission has not been charged with the 
duty of preparing a city charter at large; 
but, on the contrary, with the duty of pre- 
paring a charter that should unite into one 
city three existing cities, each living, to a 
considerable extent, Under local laws and 
each with different charters; and that should 
also bring into the enlarged city a considera- 
ble area, besides, of territory still remaining 
under town and village government. The dif- 
ferent communities thus to be consolidated 
into one are located upon three different 
islands and upon the main land, and thus 
they are divided geographically into natural 
subdivisions almost as distinct as the his- 
toric antecedents that have marked their life. 
Nevertheless, they are, in substance and in 
fact, a single community, in that they are all 
alike the outgrowth of the commercial and 
industrial life of the historic city of New 
York. 

To have adopted for such a city what may 
be described as a skeleton charter, would 
have been to have left to the local legisla- 
ture the framing of ordinances that should be 
the fundamental law for all the vast interests 
thus to be consolidated into a single govern- 
ment. In connection with the building de- 
partment, the commission has done this, 
partly because it was clearly impossible to 
extend the building laws of the present city 
of New York over territory presenting such 
widely different conditions, and partly be- 
cause the commission were unwilling to 
venture upon original legislation as to a sub- 
ject at once so intricate, so technical, and 
yet so important. Moreover, few subjects 
afford, it is believed, a more appropriate 
field for local regulation. The charter, there- 
fore, provides that the existing building laws 
shall stand in all parts of the consolidated 
territory until superseded by a municipal 
building code, and the municipal assembly 
of the city of New York is given authority 
to employ experts in the preparation of such 
a code. 

But, as to most subjects, it appeared to the 
commissioners to be wise, in defining the 
powers and duties of the enlarged munici- 
pality, to avail as far as possible, and where- 
ever it was applicable, of the legislation al- 
ready upon the statute book in relation to 
one or the other of the cities to be consolidat- 
ed into greater New York. This decision has 
made the charter more bulky than it other- 
wise would have been; but the legislature 
and the community may rest assured, that, 
for the most part, the powers and duties de- 
volved upon the various departments of 
greater New York are those which have here- 
tofore been devolved upon such departments 
in one or the other of the cities consolidated 
by the charter. The commission has ven- 
tured upon very little original legislation 
touching the powers of any department, unless 
with the general approval of those most com- 
petent to speak in relation thereto. In case 
of doubt as to any point, the commission gen- 
erally has assumed that the existing law was 
the result of the past experience and ought 


to be maintained. Where the local laws have 
differed, in matters financial and relating to 
property, the law of New York has generally 
been given the preference; in matters indif- 
ferent, the best law, in the opinion of the 
commission, obtaining in any of the three 
cities has been maintained; and where im- 
mediate uniformity has been impracticable 
without great local irritation, if absence of 
uniformity could be tolerated without disloy- 
alty to consolidation, as in the case of the 
department of education, the commission haa 
done the best it could, and has not hesitated 
to leave to time the adjustment of points of 
detail as to which there has been dispute. 
No other course seemed to be practicable un- 
der a mandate to unite living organisms, like 
cities, into a new and common life. 

Legislative department. 

When the commission came to consider the 
legislative department for the greater city, 
diverse and conflicting views and plans wero 
urged for adoption. 

The general judgment was that a municipal 
legislative assembly was not only necessary, 
but indispensible. But as to the constitution, 
size and powers of such an assembly conflict- 
ing views are also presented and urged. Somo 
advised the constitution of the municipal as- 
sembly substantially upon the model of the 
English system, where an elective municipal 
council, usually elected from wards or sub- 
divisions, is invested with the exercise, with- 
out restraint, of all the powers which parlia- 
ment grants or the law gives to the munici- 
pal corporation. It elects the mayor from its 
own members, and appoints all its officers. 
Through standing committees it controls with- 
out exception all the administrative depart- 
ments. 

Others strenuously urged that American 
polity and experience are against the adoption 
of the English plan en bloc, and that the 
powers of the municipal assembly ought to 
be limited in number and extent, and the ex- 
ercise of the powers conferred be subjected 
to appropriate and effective charter limita- 
tions. analogous in principle and purpose to 
the restrictions which the American constitu- 
tions impose upon the state legislatures. 

The charter scheme of the municipal assembly. 

This general plan commended itself to the 
commission, and is embodied in the charter 
which it now submits to the legislature. 

The commission found that the municipal 
history of New York afforded on almost 
every subject useful and instructive lessons, 
of which it has studiously availed itself. 
For example, tte body known as the board 
of estimate and apportionment has worked 
well and given general satisfaction. The 
commission has retained it and enlarged 
rather than lessened its powers. So tho 
principle of investing the mayor with large 
powers and consequent direct responsibility 
to the people had also worked well, and his 
authority has been increased rather than dim- 
inished. His term of office is four years and 
he is made ineligible for re-election without 
an intervening term. 

The commission has, however, converted the 
present board of aldermen into a municipal 
assembly, consisting of two houses; an upper 
house of twenty-nine members, elected from 
large council districts, containing an average 
population of mere than 350,000, and a lower 
house, consisting of sixty members, one elect- 
ed from each assembly district, also a largo 
area, containing an average population of 
50,000. The term of office of members of the 
upper bouse is tour years, and of the lower 
house two years. 

Each ex-mayor, under the proposed charter, 


7 


RErORT OF THE GREATER NEW YORK COMMISSION. 


is ex officio entitled to a seat in the coun- 
cil, with the right to participate in its dis- 
cussions: and each administrative head of 
a department to a seat in the lower house, 
with a like privilege. 

It may be objected that the size of the 
municipal assembly is unnecessarily large. 
This objection, when it is considered that 
upon the adoption of the charter New York 
will in size and population become the sec- 
ond city of the world, is not well founded. 
Experience shows that it is more difficult to 
corrupt, to mislead and' to form pernicious 
combinations in large than in small legis- 
lative bodies. It is not nearly as large as 
the average legislative bodies in this country 
dealing with people less numerous and sub- 
jects not more important. The experience 
of other countries Is almost uniform to this 
effect. The present common council of the 
city of London is composed of 232 members; 
county council of London is composed of 238 
members; the common council of Manchester, 
104; of Glasgow, 78; of Liverpool, 64; of 
Paris, 80; of Berlin, 126, and of Vienna, 138. 

The charter has been constructed upon the 
principle that it is expedient to give to the 
city all the powers necessary to conduct its 
awn affairs. The commission has accordingly 
conferred upon the municipal assembly legis- 
lative authority over all the usual subjects of 
municipal jurisdiction. The extent and va- 
riety of its powers, as well as its size, mark 
the commission's sense of its dignity and im- 
portance. 

With a view of selT development, the com- 
mission has intrusted the new city with 
power to establish ferries; to build bridges 
over and tunnels under all waters within its 
domain; to build docks and improve the har- 
bor of the entlro city; to construct parks, 
school houses and public buildings; to open 
streets and extend them; to provide water; 
and also the means of securing easy, cheap 
and rapid communication by ferry and rail- 
ways between all parts of the great metro- 
polis. The city, as the commission has con- 
stituted it, has within itself all the elements 
and powers of normal growth and develop- 
ment, making it unnecessary to have habitual 
recourse, as hitherto, to the legislature of 
the state for additional powers — a serious 
evil, and, in the past, the source 
of much abuse. These powers — 

great, varied anu ^ven complex, as they neces- 
sarily are — will, when scrutinized, be seen to 
be no greater than the city requires and to be 
always legislative in their character. They are 
such as the municipalities of England and of 
Europe, as well as of this country, constantly 
exercise. 

This dees not mean that under the proposed 
charter the city can change the structure of 
its own government. Whatever powers it will 
have it will receive as a grant from the state 
to enjoy in the form that they are given, and 
the state alone can modify the grant. Neither 
does it mean that the city can do what it will 
in every possible direction. It is tied up in 
many ways by old laws that are continued, be- 
cause they have been justified by experience. 
But it does mean that the city is believed to 
be equipped with power to decide for itself 
what it will do within the well recognized 
range of ordinary municipal activity. 

But, while the charter thus confers upon the 
municipal assembly powers adequate to the 
present wants and to the future development 
of the city, it interposes, in accordance with 
established American polity, a variety of 
checks and safeguards against their abuse, 
similar in their nature and purpose to the con- 
stitutional limitations upon the congress of the 
United States and the legislatures of the sev- 


eral states. No people can enjoy a large degree 
of liberty and the necessary powers of govern- 
ment in which that liberty consists, without 
such powers being liable to abuse. It is the 
duty of the legislator not to withhold the nec- 
essary power, but sedulously to safeguard its 
exercise. To provide such safeguards has been 
the subject of anxious consideration on the 
part of the commission. The legislative ex- 
perience of New York and other cities, and of 
the several states — indeed, of all popular 
bodies — shows that a main source of abuse is 
hasty or ill advised action, especially as re- 
spects the power to dispose of franchises and 
those powers which involve the raising and 
expenditure of money, the creation of debt and 
the consequent levy of taxes and the placing of 
other financial burdens upon the people. 

It is a marked feature of the charter now 
presented that it differentiates the powers re- 
lating to franchises, the creation of debt, the 
expenditures of money, the laying of taxes and 
assessments — these being the only powers lia- 
ble to serious abuse— from the ordinary pow- 
ers of the municipality embracing the count- 
less subjects requiring municipal regulation. 
The former class of powers the commission 
has protected against abuse by special and ap- 
propriate safeguards — safeguards which are in 
some respects unique, and which will in its 
judgment prove effective. Thus, as to fran- 
chises and their disposition, the charter pro- 
poses a radical change of the highest import- 
ance and value. The streets of the city belong 
of right to tbe whole people. Their use for the 
public benefit and their control in the public 
interest ought never to be permanently parted 
with in favor of any private interests what- 
ever. The charter, therefore, declares that they 
are inalienable, and that no rights therein 
shall hereafter be granted by the municipal 
assembly except upon the approval of the 
board of estimate and apportionment, and 
then only for limited periods, and upon pro- 
vision being made for periodical revaluations. 

Hereafter, therefore, no disposition of 
franchises, even for such limited periods, 
can be made by the municipal as- 
sembly without the concurrent action 
of the board of estimate and apportionment. 
This board is a body conservative in its nature 
and familiar with the extent of the city’s 
debt, with its revenues, with its wants, and 
with the amount that can be reasonably raised 
by taxation; and under the charter no consid- 
erable debt can be incurred by the municipal 
assembly without the sanction of this board. 
When the municipal assembly and the board 
of estimate and apportionment concur in 
sanctioning any work which involves the ex- 
penditure of large sums of money, the charter 
further interposes for the public protection 
the mayor’s power of veto. It is the judg- 
ment of the commission that the power of 
creating debt, especially debt payable in the 
distant future, the power of disposing of fran- 
chises, and the levying of taxes and assess- 
ments should have this triple safeguard. Any 
expenditure that can pass these successive or- 
deals is probably deserving; and, if it cannot 
pass them, in view of the publicity with which 
the proposed expenditure will thus necessarily 
be attended, tbe presumption is strong that it 
ought to fail. 

Similar protective principles are applied to 
the water front and waters constituting the 
harbor of New York. Tbe charter recognizes 
the harbor as the parent of the city’s present 
greatness and of her commercial supremacy 
now and in the future. The charter pro- 
posed gives to the city, subject to vested pri- 
vate lights, which have been carefully pro- 
tected, the control of the entire water front, 
and of lands under water everywhere within 


the city, so far as necessary to secure and de- 
velop the commerce, foreign and domestic, 
of the city, and provides that its rights in 
and to its wharves, docks and other adjuncts 
of commerce, and all property held and ac- 
quired for that purpose shall be and remain 
inalienable, and be disposed of only by way 
of lease for limited periods upon periodical 
revaluations. 

Tbe municipal assembly, through its repre- 
sentatives, is the organ of the people in the 
various boroughs and in every part of the 
city. It is made its duty to see that the laws 
and ordinances of the city are faithfully ob- 
served by all departments and officers. To 
this end the commissioner has given the mu- 
nicipal assembly, by joint resolution, the 
power to make inquest into, and within tbe 
carefully defined limitations of the charter 
exercise supervision over, all tbe departments 
and officers of the city, a most useful and 
necessary function, operating as a salutary 
check on secret abuses, mal-administration 
and oppressive and illegal exercise of author- 
ity. 

Board of public improvement. 4 

In respect of the large and costly range of 
public works comprised in the general term 
“local or public improvements’’ the charter 
provides in one respect a different and more 
appropriate but equally effective check. It 
creates a board of public improvements, re- 
ferred to below, which has jurisdiction over 
the bridges, streets, avenues, the water and 
sewer systems, and the like, of the city. It is 
clear that such works ought to be primarily 
determined by expert authority, so that they 
may be developed upon a fixed plan and de- 
signed and constructed in accordance with 
the highest attainable scientific skill. The 
charter therefore provides in general that 
the initiative in such improvements shall be 
taken by the board of public improvements, 
requiring, however, that works of great mag- 
nitude and cost shall have also the approval 
of the board of estimate and apportionment, 
and of a three-fourths vote of the people’s 
representatives in the municipal assembly, 
with a veto power in the mayor, and with 
power in five-sixths of all of .the municipal 
assembly to override the mayor’s veto. 

These provisions, requiring respectively 
the sanction of the board of estimate and ap- 
portionment and of the board of public Im- 
provements and the sanction of the munici- 
pal assembly, and subjecting the ordinances 
of the municipal assembly relating to them 
to the veto power of the mayor unless over- 
ridden by a five-sixths vote, will, in the judg- 
ment of the commission, while giving tha 
city the necessary power of development, 
render it substantially safe from serious 
abuse. 

The essential features of the board or pub- 
lic improvements are (1) a president of the 
board with power to enforce harmonious ac- 
tion upon all the departments represented in 
the board that do public work; (2) the respon- 
sibility of each department represented in 
it for the work to be done by the department; 
(3) the initiative in matters relating to pub- 
lic Improvements, which, in general, is 
lodged therein. The board of public improve- 
ments proposed in the cnarcer consists of tbe 
president of the board to be appointed by tbe 
mayor, of the commissioners of the six de- 
partments having charge of the six great 
branches of public work in the city, also to 
be appointed by the mayor, and ex-officio of 
the mayor, the controller, the corporation 
counsel and the president of the borough. 
The mayor, the controller and the corporation 
counsel have been added to the board of pub- 
lic improvements in order to devolve upoa 


8 


REPORT OF THE GREATER NEW YORK COMMISSION. 


that body not only the functions that are 
given to the corresponding board in the city 
of St. Louis, where experience has demon- 
strated its value and efficiency, but also the 
functions that have been committed in New 
York heretofore to the board of street open- 
ings. The presence of these great officers 
of the city, however, upon the board of pub- 
lic improvements can hardly fail to be an ad- 
vantage to the board when acting upon the 
Important questions that arise in connection 
with all public work that is carried on upon 
a large scale. 

The other member of the board of public 
improvements in the proposed charter is the 
president of each borough. For administra- 
tive purposes, the city has been divided into 
the five sub-divisions into which the terri- 
tory of the city divides itself by following 
natural lines, and these are called, in the 
proposed charter, boroughs. These boroughs 
are named Manhattan, the Bronx, Brooklyn, 
Queens and Richmond. To those familiar 
with the territory the names are sufficiently 
descriptive. The president of a borough is 
an officer elected by the people of a borough 
(1) to take the initiative in connection with 
all local improvements that are to be paid 
tor by assessment for benefits; and (2) to 
represent the borough on the hoard of public 
improvements. In the latter board the presi- 
dent of the borough has a vote as to all 
questions affecting his own borough. The 
board of public improvements thus consists 
of eleven members. This board is one of the 
chief constructive provisions of the charter 
and has been carefully thought out in its 
constitution and powers. It is large enough 
to 'bring togther men of different outlook 
and different ways of thinking, so as to 
secure intelligent and thorough discussion. 
It has in its membership the heads of 
the departments that must carry on all 
city work, and can therefore command 
the advice and the technical information of 
the experts in all of these departments. The 
city at large is represented by its two great 
elective officers, the mayor and the controller, 
who will bring to the deliberations of the 
board the general point of view, while every 
locality is insured a hearing and a voice by 
the presence on the board of the president of 
the borough. Finally, the corporation coun- 
sel is a member of the board to advise it upon 
all legal questions that may arise. The com- 
mission is sanguine that this feature of the 
charter will justify itself as thoroughly as the 
beard of estimate and apportionment has jus- 
tified itself during the past twenty years. 

Such protective provisions, in respect of the 
debt creating and borrowing powers of the 
city, are neither anomalous nor unnecessary. 
The cost of public improvements in the muni- 
cipalities of this country, permanent in their 
nature and too great to be borne out of current 
taxation, is generally met by the issue of 
bonds or other evidences of indebtedness pay- 
able in twenty or thirty years, or other long 
periods of time. 

Safeguards against excessive indebtedness. 

The temptation to create present debt and to 
throw the burdens of it on the future is very 
great, and it is universally recognized that 
such power must be conferred under neces- 
sary limitations, the common limitations in 
this country being a constitutional restriction 
on the total aggregate indebtedness that may 
be created (which is generally much smaller 
than the 10 per cent, limitation in the consti- 
tution of New York), and often the sanction 
also of a popular vote. Even these have not 
always proved effectual against the creation of 
Improvident or extravagant indebtedness. In 


England municipalities must submit to the 
home office or other central authority in Lon- 
don for examination and sanction every proj- 
ect which requires the like harrowing of mon- 
ey. This check on ill advised improvements 
works well in that counl ry, although It is a 
check which is extrinsic to the municipality, 
and one that is imposed upon the power of the 
electors and of the municipality itself. On a 
similar principle, and for the same purposes, 
we have devised and imposed checks upon the 
debt creating power of the greater city by re- 
quiring the sanction, respectively, of the board 
of estimate and apportionment and of the 
board of public improvements, and by subject- 
ing ordinances creating a debt to the mayor’s 
power of veto. The constitutional limitation 
in this state is too large to be, in itself, an 
adequate restriction, and the local conditions 
in the greater city are not such as to make it 
appropriate, in many Instances, at least, to 
submit to the people of the whole city the 
question whether a given Improvement, for 
example dn additional bridge over the East 
river, or other like improvement, should be 
constructed or made. It seems to the com- 
mission that the checks and safeguards con- 
tained in the charter against the creation of 
improvident or excessive indebtedness are spe- 
cially appropriate to the circumstances and 
conditions of the greater city, giving it free- 
dom of action to Initiate all needful perma- 
nent and expensive improvements, provided 
they have the approval of the boards above 
mentioned and the sanction of the mayor. 

Assumption of Indebtedness. 

The commission has provided as a neces- 
sary result of consolidation for the assump- 
tion by the enlarged city of all the valid 
debts of every locality. This appeared to It 
to be mandatory by the terms of the law 
under which it is acting. As the city inher- 
its all of the powers, franchises, rights and 
property of the municipal and public cor- 
porations to be consolidated, it must neces- 
sarily assume the just obligations and lia- 
bilities. It would be impossible to secure 
a uniform rate of taxation throughout the 
territory of greater New York within a gen- 
eration by any other course. It would be 
impossible, in any real sense, to unify the 
city if in the matter of taxation all parts of it 
were to be treated on a different basis as 
distinct entities; and it is not to be forgotten 
that anything that helps any part of the city 
after consolidation takes place tends to re- 
lieve the burden of taxation in every other 
part. 

Careful provision is made in the charter to 
secure equality of valuations aud of taxation 
throughout the entire city and in its every 

part. 

* 

Police department. 

In organizing the police department the 
commission encountered a subject upon 
which it was 1’iind that unanimity was im- 
possible. Two different systems of police or- 
ganization were in existence in the cities to 
be consolidated. In New York there was 
a police board of four members, and this 
board was charged with the duties of a board 
of elections. At the head of the police de- 
partment in Brooklyn was a single commis- 
sioner, the board of elections being a distinct 
and independent organization consisting of 
f:ur members. 

The police chapter as finally adopted con- 
tains these provisions: (1) Ail applicants for 
admission to the force must pass a civil serv- 
ice examination, and new members must be 
selected from those candidates who are grad- 
ed highest by the civil service commission 


after such examination. (2) Promotions from 
the lower to the higher grades must be made 
on grounds of seniority, of merit and of ex- 
cellence, as shown by competitive examina- 
tions. (3) “No promotion, except in case of 
a vacancy in the office of chief of police, 
shall be made, unless the same is recom- 
mended by the chief of police in writing, 
stating his reasons for such recommenda- 
tion.” (4) To prevent a deadlock, “in case 
of the rejection of any recommendation for 
promotion the chief of police shall submit 
another name within three days, and shall 
continue so to do until such vacancy is 
filled.” (5) The action of the board upon 
these recommendations is by a majority 
vote. (6) The chief of police may be retired 
and thus removed from office by the unani- 
mous vote of four commissioners or by a ma- 
jority vote approved by the mayor. 

It will thus be seen that the police depart- 
ment under the new charter is organized 
upon principles quite different from anything 
that has heretofore prevailed either in New 
York or Brooklyn. 

Consolidation of police forces. 

The charter provides for the consolidation 
into a single force of all the police forces of 
the territory to be consolidated, and 
also of all the park police and of 
the police of the New York and Brooklyn 
bridge. The advantages to be gained by such a 
consolidation of police forces are apparent. 
Some objection has been made that the duties 
of the park police are so different from those 
of the regular police as to make consolidation 
of the force in their case unwise. The commis- 
sion, in this respect, has acted upon the plan 
that has worked well in connection with the 
sanitary squad, a body of police assigned to 
duty under the orders of the health depart- 
ment. That is to say, while the parks will be 
policed by members of the police force as- 
signed to duty therein, such members, while so 
assigned, will be subject to the orders of the 
park commissioners as fully as the park po- 
lice now. By this arrangement the commission 
thinks that it has secured in police matters, 
even as - regards the parks, the advantages of 
both systems. 

Salaries in police and fire departments. 

Another aspect of the financial problem has 
presented itself, to the great perplexity of the 
commission, in connection with the salaries of 
the uniformed forces of the police and fire de- 
partments. It is certainly just that when men 
are liable to duty, either as policemen or fire- 
men, in any part of the great city, they should 
receive the same rate of pay. On the other 
hand, the question whether the pay ought to 
be immediately unified has seemed to the com- 
mission a somewhat different one. In amalga- 
mating into a single force the police forces of 
the various cities to be consolidated, and also 
the park police of the various cities and the 
bridge police, it is clear that amalgamation In 
anything more than a nomicul sense must be a 
matter cf time. The police forces so to be con- 
solidated are likely for a time to continue to 
serve, for the most part, where they now are, 
and under conditions that have hitherto pre- 
cailed. In the meanwhile, it has seemed to the 
commission a real hardship to greater New 
Ycrk, before it has realized any of the benefits 
of consolidation, immediately to fix the sala- 
ries of the police and fire forces all over the 
consolidated territory at the high figures that 
now prevail in the present city of New York, 
which are based vary largely, it is to be pre- 
sumed, upen the grouter cos: cf living on Man- 
hattan island. It has seemed to the commis- 
sion, therefore, that it is, on the whole, just 


REPORT OF THE GREATER NEW YORK COMMISSION, 


9 


to all concerned to place the members of the 
various police and fire forces to be consoli- 
dated with the present New York police and 
fire forces, in a position to secure at once a 
yearly increase of pay, and entire uniformity 
of pay within three years. It Is proper to point 
out chat the park police of the present city of 
New York are dealt with by the commission 
In precisely the same way as the other police 
forces to be consolidated into the police force 
of the greater city. In the meanwhile, pro- 
vision has been made for the initial appoint- 
ment to the police and fire forces of greater 
New York, after January 1, 1898, at a salary 
of $800 instead of $1,000, the minimum rate of 
pay at the present time in the city of New 
York. 

Protection of local interests. 

Manifestly one of the most difficult problems 
that the commission has had to meet has been 
to determine to what extent and how the in- 
terests of the different localities in the great 
city could be adequately provided for without 
exposing the city, on the one hand, to grave 
financial danger by reason of extravagant de- 
mands of subirabn localities, and without 
depriving these localities, on the other hand, 
of the advantages reasonably to be expected 
from consolidation. The commission is of 
opinion that the president of each borough, 
sitting as he does in the board of public 
improvements, will be an important factor 
in the successful -working out of the problem. 

The boards of local improvements consist 
of the president of the borough and of the 
members of the municipal assembly residing 
within any given senatorial district, the sena- 
torial district having been chosen as the 
unit for the consideration of improvements 
to be paid for by assessment for benefits. 
These local boards give the neighborhood, 
as such, a voice by which it can speak in 
relation to matters Qf local concern, and 
especially as to what are technically known as 
l^cal improvements; that is to say, improve- 
ments to be paid for by assessment for bene- 
fits. 

The procedure in regard to improvements 
to be paid for by assessment for benefits has 
been settled after public hearings and full 
discussion and deliberate consideration. 
The locality has the opportunity to express 
its wishes in the matter through its local 
board, presided over by the presidient of the 
borough. The judgment of the board of pub- 
lic improvements, on which the city at 
large, as well as each locality, is represented, 
is relied upon to protect the public interest 
and to prevent the credit of the city from 
being placed at the service of speculators and 
contractors. In the scheme adopted, local 
improvements are co be aided by the credit 
and means of the city, and the city cannot 
wholly surrender the control thereof. The 
procedure adopted is simple and involves no 
delay other than that which is essential for 
the thorough investigation by the hoard of 
public improvements of each proposition. 

Care has been taken to protect all maps 
that have finally been adopted for any part 
of the city, from ill-considered change. The 
duty of mapping parts of the city that are 
not yet mapped has been devolved upon the 
president of the board of public improvements 
in connection with the commissioner of sew- 
ers. This arrangement has been chosen be- 
cause it was deemed undesirable to build up 
special machinery in each borough for this 
purpose. Again, it was held to be essential 
that the officer originally making the maps 
should bo in a position to command the com- 
plete co-operation of the department of sew- 
ers, inasmuch as the drainage system adopted 
is, to a considerable extent, the determining i 


factor as to the lines and grades of streets 
and highways. On the other hand, the presi- 
dent of the borough, as a member of the 
board of public improvements, will be asso- 
ciated -with this work only less closely than 
if he had it directly in his own charge. It 
is possiible that the president of the board 
of public improvements may improperly dis- 
regard the views of the locality; but so it is 
possible that a headstrong president of a 
borough might do the same thing. In the 
meanwhile, such action is not to be antici- 
pated in either case. It is rather to be as- 
sumed that, in a board composed as the board 
of public improvements will bo composed, 
every new section of the city will be mapped 
sagaciously and in the public interest. The 
board of public improvements and also the 
municipal assembly, with the approval of the 
mayor, are given power to call for the com- 
pletion of any map by a date to he fixed, 
so as to put an end to unreasonable delay. 

By these provisions the commission thinks 
it has met successfully and equitably the re- 
quirements of the problem to be dealt with. 
It has been impossible for the commission to 
accept the proposition that was so strongly 
urged from one locality, that every borough 
should elect its own commissioner of public 
works, who should have control over and be 
responsible for public work of all kind w'ithin 
the limits of the borough. Whatever may be 
the advantages of this proposition, it is not 
consolidation; it is rather disintegration. 
Such a plan would make the greater city fur- 
nish the money to each locality for whatever 
work it wanted to do, and would leave the 
locality free handed to do it in its own way. 
It would deprive all parts of the city of any- 
think like unity of development, and would, 
in effect, destroy whatever advantage is to be 
expected from consolidation in the direction 
of skilled oversight and control. The com- 
mission has been obliged to assume it as a 
fundamental proposition from which it has 
departed in no instance that the control of 
all public work of every kind should proceed 
from the center and that it should bo executed 
by the agents of the city ns distinguished from 
the agents of the locality. 

The scheme in the charter whereby the city 
aids with its credit and money the making 
of local improvements by issuing its bonds 
and raising, in the first instance, the amount 
needful for such works, and relying for re- 
imbursement upon afterward collecting as- 
sessments for benefits, is a provision of ex- 
treme liberality on the part of the city toward 
the localities. Such a power was regarded 
by some of the members of the commission as 
liable to lead to excessive indebtedness on the 
port of the city, and they urged that no such 
improvements be made unless one-third, or 
some other proportion, of the cost should be 
raised in advance by the property interested. 
The commission decided upon the scheme out- 
lined whereby the enlarged city will extend 
its aid, but under the safeguards provided in 
the charter. 

In dealing with interests so comprehensive 
and so important as those that are affected by 
the proposition to consolidate into a single cit- 
the three cities and the other territory that 
are to become a part of greater New Yo”’- • 
is not surprising that opinion in the commis 
sion, as well as outside of it, should have 
been sharply divided upon some points. Not- 
withstanding these divisions of opinion, the 
commission are as one in recommending to the 
legislature the adoption of the charter as sub- 
mitted. 

Concluding observations. 

The commission, as it has studied the prob- 
lem committed to it for solution, has become 


more and more sensible of the gravity of it. 
It appears to the commission inevitable that 
there should be mere or less inconvenience 
and possibly some confusion for a time, result- 
ing from the substitution of a new govern- 
ment for so many other and different forms 
of administration throughout the consolidated 
territory. Village governments, town govern- 
ments, city governments and county govern- 
ments are alike called upon to give place to a 
city government to come into being on a fixed 
date. There are no officers in existence com- 
petent to make a budget for the enlarged 
city, nor to lay a tax for its benefit, as 
such, in advance of its constitution. The com- 
mission has provided that the different parts 
of the territory to be consolidated shall raise 
their tax for 1898 precisely as though consol- 
idation were not to take place; and the char- 
ter equips the enlarged city with authority 
to make good deficiencies and to readjust in 
1899 any inequality of contribution that may 
be incident to the abnormal condition pre- 
vailing in 1898 But, while the commission is 
aware that some confusion may be inevitable 
in connection with a reorganization of gov- 
ernment so far-reaching, it is, nevertheless, 
prepared to say, without dissent on the part 
of any member, that it believes consolidation 
can safely be undertaken under the provisions 
of the proposed charter and the special acts 
supplemental thereto. 

The commission does not assume that it 
has been able to anticipate every contingency, 
nor, with all its care, that it has been able 
altogether to avoid omissions, repetitions and 
mistakes; but it does believe, after every thing 
has been said, that the charter contains a 
system of government for the consolidated 
city that may safely be put into operation 
with the assurance that it will quickly adjust 
itself to the city’s needs. 

The commission is glad to be able to add 
that its study of the problem has left it more 
firmly convinced than ever that the large and 
permanent interests of all the communities 
involved will be advanced by uniting them 
in the city of New York. Consolidation can- 
not do otherwise than facilitate the spread of 
population. To the extent that it does this, 
it will increase the number of citizens who 
can own their own homes and will multiply 
still more largely the number of those who 
can hope to do so. In the long run, the 
government of the city and the government 
of the state must both be benefited by such a 
result. 

Manhattan island is to-day the business 
center of a greater New York of not less than 
three millions of people. There are those now 
living who may see it the business center of 
a population twice as large. In the mean- 
while. by uniting into one city the settlements 
(within the city limits) that line the shores 
of the sound, the East river and the bay, so 
far as they are included in the state of New 
York, the city of New York secures an oppor- 
tunity to command the development of com- 
mercial facilities throughout the length and 
breadth of its magnificent water front, which 
probably could not be had in any other way. 

The commissioners unite in recommending 
the greater New York charter to the favorable 
consideration of the legislature. 

(Signed) 

BENJAMIN F. TRACY, President. 
WILLIAM L. STRONG, Mayor. 

FREDERICK W. WURSTER, Mayor. 
PATRICK J. GLEASON, Mayor. 

JOHN F. DILLON. 

WILLIAM C. DE WITT. 

THOMAS F. GILROY. 

SILAS B. DUTCHER. 

SETH LOW. 

HARRISON S. MOORE. 

STEWART L. WOODFORD. 

CAMPBELL W. ADAMS, State Engineer and 

Surveyor. 

THEODORE E. HANCOCK, Attorney General. 
GEORGE M. PINNEY, Jr., Secretary. 

Dated New York, February 18, 1S97. 


< 


THE CHARTER 

FOR THE 

GREATER NEW YORK. 


AN ACT 

To Unite Into One Municipality, Under 
the Corporate Name of The City of New 
York, the Various Communities Lying 
In and About New York Harbor, Includ- 
ing the City and County of New York, 
the City of Brooklyn and the County of 
Kings, the County of Richmond and 
Part of the County of Queens, and to 
Provide for the Government Thereof. 

77/c People of the State of New York, repre- 
sented in Senate and Assembly , do enact as 
follows: 

CHAPTER 1. 

BOUNDARIES, BOROUGHS, POWERS, 
RIGHTS AND OBLIGATIONS OF THE 
CITY. 

The city of New York; corporations consoli- 
dated; territory; short title of this act. 

Section 1. All the municipal and public cor- 
porations and parts of municipal and public 
corporations, including cities, villages, towns 
and school districts, but not including coun- 
ties within the following territory, to wit: The 
county of Kings, the county of Richmond, the 
city of Long Island City, the towns of New- 
town, Flushing and Jamaica, and that part of 
the town of Hempstead, In the county of 
Queens, which is westerly of a straight line 
drawn from the southeasterly point of the 
town of Flushing, through the middle of the 
channel between Rockaway beach and Shel- 
ter Island, In the county of Queens, to the At- 
lantic ocean, are hereby annexed to, unit- 
ed and consolidated with the munici- 
pal corporation known as the mayor, 
aidermen and commonalty of the city of New 
York, to be hereafter called the city of 
New York, and the boundaries, jurisdictions 
and powers of the said city of New York 
herein constituted, are for all purposes 
of local administration and government, 
hereby declared to be co-extensive with the 
territory above described; and the said City 
of New York is hereby declared to be the 
successor corporation in law and in fact of 
all the municipal and public corporations 
united and consolidated as aforesaid with all 
their lawful rights and powers and subject to 
all their lawful obligations without diminu- 
tion or enlargement except as herein other- 
wise specially provided; and all of the duties 
and powers of the several municipal and pub- 
lic corporations united and consolidated as 
aforesaid into the city of New York are 
hereby devolved upon the Municipal Assera- | 


bly of said city of New York sd far as the 
same are applicable to said city and not herein 
otherwise specially provided, to be exercised 
in accordance with the provisions of this act. 

This act may be cited by the short title 
of “The Greater New York Charter.’' 

Division into boroughs. 

Sec. 2. The city of New York, as con- 
stituted by this act, Is hereby divided into 
five boroughs, to be designated respectively: 
Manhattan, the Bronx, Brooklyn, Queens 
and Richmond; the boundaries whereof shall 
be as follows: 

First. The borough of Manhattan shall con- 
1 sist of all that portion of the City of New 
York, as hereby constituted, known as Man- 
hattan Island, Nuttin or Governor's Island, 
Bedloe’s island, Bucking or Ellis Island, the 
Oyster Islands, and also Blackwell’s Island, 
Randall’s Island and Ward’s Island, in the 
East or Harlem rivers. 

3econd. The borough of the Bronx shall 
consist of all that portion of the city of 
New York as hereby constituted, lying 
northerly or easterly of the borough of Man- 
hattan, between the Hudson river and the 
East river or Long Island sound, including 
the several islands belonging to the municipal 
cornoration heretofore known as the mayor, 
aldermen and commonalty of the city of 
New York not included in the borough of 
Manhattan. 

Third. The borough of Brooklyn shall con- 
sist of that portion of the city of New York, 
as hereby constituted, hitherto known as the 
City of Brooklyn. 

Fourth. The borough of Queens shall con- 
sist of that portion of Queens county in- 
cluded in the city of New York as hereby con- 
stituted. 

Fifth. The borough of Richmond shall 
consist of the territory known as Richmond 
coun ty. 

Name; powers and rights of the corporation; 

seal. 

Sec. 3. The name of the corporation con- 
stituted by this act shall be the City of 
New York, and the same shall, by that 
name, be a body politic and corporate in fact 
and 'in law with power to contract and to be 
contracted with, to sue and be sued, to have a 
common seal and to have perpetual succes- 
sion, with all of the rights, properties, inter- 
ests, claims, demands, grants, powers, priv- 
ileges and jurisdictions held by the mayor, 
aldermen and commonalty of the city of New 
York, and held by each of the munici- 
pal and public corporations or parts there- 
of other than counties by this act, united and 
consolidated with the corporation known as the 
mayor, aldermen and commonalty of tho City 


of New York, except so far as modified or re- 
pealed by the provisions of this act. 

Local government; municipal assembly; lia- 
bilities of corporations consolidated. 

Sec. 4. For all purposes the local adminis- 
tration and government of the people and 
property within the territory hereby com- 
prised within the city of New York shall be in 
and be exercised by the corporation aforesaid, 
and the municipal assembly as in this act con- 
stituted, subject to the conditions and provis- 
ions of this act shall exercise all the powers 
vested in the corporation of the city of New 
York by this act or otherwise save as in lliis 
act is otherwise specially provided. All valid 
and lawful charges and liabilities now existing 
against any of the municipal or public corpora- 
tions or parts thereof which by this act are 
made part of the corporation of the city of New 
York, including the county of Kings and the 
county of Richmond, or which may hereafter 
arise or accrue against such municipal and 
public corporations, or parts thereof, includ- 
ing the said counties of Kings and Rich- 
mond, which but for this act would 
be valid and lawful charges or liabili- 
ties against the same, shall be deemed and 
taken to be like charges against or liabilities 
of the said city of New York, and shall accord- 
ingly be defrayed and answered unto by it to 
the same extent and no further than the said 
several constituent corporations would have 
been bound if this act had not been passed. 
All bonds, stocks, contracts and obligations 
of the said municipal and public corpor- 
ations, including the County of Kings and 
the County of Richmond, and such pro- 
portion of the debt of the County of 
Queens and of the Town of Hempstead as 
shall be ascertained as hereinafter prescribed, 
which now exist as legal obligations, shall be 
deemed like obligations of the City of New 
York, and all such obligations as are author- 
ized or required to be hereafter issued or en- 
tered into, shall be issued or entered into by 
and in the name of the corporation of the 
City of New York. 

Laws relating to the creation ana payment of 

debts to remain in force; common debt; tax- 
ation. 

Sec. 5. All laws or parts of laws heretofore 
passed creating any debt or debts of the mu- 
nicipal and public corporations, united and 
consolidated as aforesaid, or for the pay- 
ment of such debts or respecting the same, 
as well as every such law respecting the debts 
of the corporation known as the mayor, alder-, 
men and commonalty of the city of New York, 
shall remain in full force and effect, except that 
the same shall be carried out by the corporation 
hereby constituted, to wit: Tho city of New 
York, and under such name and in such form 
and manner as may he suitable to the admin- 


TITE CTIARTER FOR THE GREATER NEW 


iteration of said corporation; and all the 
pledges, taxes, assessments, sinking funds 
and other revenues and securities provided 
hy law for the payment of the debts of the 
municipal and public corporations aforesaid 
shall be in good faith enforced, maintained 
and carried out by the corporation of the city 
of New York. All the valid debts of the munic- 
ipal and public; corporations mentioned in the 
first section of this act, including the County 
of Kings and the county of Richmond and 
the proportion of the debt of the county 
of Queens and of the town of Hempstead afore- 
said, and the valid debts of the towns, 
incorporated villages and school districts 
united and consolidated with the corpora- 
tion heretofore known as the mayor, 
aldermen and commonalty of the city of New 
York into the city of New York, as well as 
the debts of the latter corporation, shall be 
the common debt of the city of New York as 
hereby constituted. So far as resort to 
taxation is authorized or necessary to pay 
such debts, such taxation shall extend equally 
throughout the territory of the corporation 
herein constituted, except that all assessments 
for benefits heretofore laid or provided to be 
laid for the payment of any portion of such 
debts or to reimburse any of the said munici- 
pal and public corporations which created 
such debt in respect thereof, shall be pre- 
served and enforced, it being the intent here- 
of that the obligations and liability of the city 
of New York as the successor of municipali- 
ties and public corporations consolidated into 
it shall be the same as and not otherwise or 
greater than the respective obligations and 
liabilities of the several constituent corpora- 
tions, and that the city of New York shall 
succeed to all of their rights as well as to their 
obligations and liabilities in respect thereof, 
except as herein otherwise specially provided. 

Effect where only a part of a corporation is 

annexed. 

Sec. 6. Where part only of the territory of a 
municipal or public corporation is embraced 
by this act within the limits of the city of 
New York, as herein constituted, the respect- 
ive rights, duties and liabilities of the said city 
and of the municipal or public corporations 
part of whose territory is so annexed to the said 
city, shall be as in this act provided. If any 
case shall arise for which this act does not 
make provision, or full and adequate provi- 
sion arising out of such annexation, or out of 
the consolidation herein provided for, the mu- 
nicipal assembly may by ordinance make pro- 
vision for such case, or for its equitable de- 
termination, so far as concerns the city of 
New York. 

Same subject. Creation of debt. 

Sec. 7. No municipal or public corporation, 
part of whose territory is annexed to the city 
of New York, shall hereafter create any debt 
which shall bind property within tho city of 
New York, nor shall such municipal or public 
corporation levy any tax or assessment upon 
property within the city of Now York, as here- 
in constituted. 

Transfer of property; counties not to become 

indebted. 

Sec. 8. In consideration of the foregoing 
provisions whereby the city of New York, 
as hereby constituted, assumes as afore- 
said the valid debts, obligations and liabil- 
ities of the municipal and public corpora- 
tions including the counties, towns, in-, 
corporated villages and school districts as 
aforesaid, and to carry out the scheme and 
purpose of this act, all of the public buildings, 
institutions, public parks, water works and 


property of every character and description, 
whether of a public or private nature, here- 
tofore owned and controlled by any of the 
said municipal and public corporations or 
parts thereof, hereby consolidated into the 
city of New York, including any and all such 
property owned by the county of New York, 
the county of Kings and the county of Rich- 
mond wherever situated, and by the county 
of Queens situated in that portion thereof 
which is included within the limits of the 
city of New York, as constituted by this act, 
and all the right, title and interest of the said 
municipal and public corporations and coun- 
ties as aforesaid, or any of them, in and to 
such property, are hereby vested in the city 
of New York and divested out of the said cor- 
porations and counties, and the power of said 
municipal and public corporations and of the 
said counties of New York, Kings and Rich- 
mond to become indebted, shall cease upon the 
consummation and taking effect of the consol- 
idation herein provided for. There is except- 
ed from the provisions of this section the 
court house and county buildings in the coun- 
ty of Queens situated within the limits of the 
city of New York as hereby constituted. 

Former funds; payable to the city of New York. 

Sec. 9. AH funds and moneys which, on the 
first day of January, 1S98, shall be held by or 
be payable to tho receiver of taxes or to the 
county treasurer of the county of Richmond, 
or to any officer of any of the municipal and 
public corporations, or parts of municipal and 
public corporations, hereby consolidated with 
the corporation heretofore known as the 
mayor, aldermen and commonalty of the city 
of New York, as well as all funds and moneys 
then held by or payable to any officer of said 
last named corporation, shall be deemed to 
be held by and be payable to the corporation 
of the city of New York, constituted by this 
act, solely as the funds and moneys of said 
corporation, and upon the day aforesaid shall 
be delivered to the officer of said corporation 
entitled by this act to hold and control the 
same. 

Expenses of the city for the year 1898. 

Sec. 10. In the year 1897 it shall be the duty 
of the proper authorities of the various mu- 
nicipal and public corporations consolidated 
by this act into 1 the city of New York to pre- 
pare a budget for the year 1898, as required 
by existing law, and to levy taxes for the year 
1898 In 1897, as required by existing law, 
as though such municipal and public corpo- 
rations were not to be consolidated into the 
city of New York; and in so far a3 such taxes 
shall remain uncollected on the first day of 
January, 1898, they shall become valid liens 
due to the corporation, by this act consti- 
tuted, and shall be collected by it through the 
appropriate officers of the city of New York as 
hereby constituted, pursuant in all respects 
to the laws under which said taxes were levied 
and were to be collected. On and after Janu- 
ary first, 1898, the funds received by the 
chamberlain of the city of New York, under 
this act, and the proceeds of revenue bonds 
issued in anticipation of the taxes for 1898 
in tbe city of New York, as constituted prior 
to the passage of this act, and the proceeds 
of the tax levy therein of 1898, may bo used fer 
the expenses of the city of New York, as con- 
stituted by this act, in such manner as the 
board of estimate and apportionment for that 
year may determine; and it shall be the duty 
of the board of estimate and apportionment 
to apportion the said funds to tho various 
city departments as created by this act, so 
that such funds shall be used, as nearly as 
may bo, for tho objects for which they were 
raised. The board of estimate and apportion- j 


YORK. 11 


ment, during the year 1898, should have power 
to direct the Issue of revenue bonds of the city 
of New York, to be redeemed out of the tax 
to be paid in 1S99, for such purposes and in 
such amounts as may be necessary to pro- 
vide for the efficient conduct of the city in 
all its departments, during 1898, provided that 
the sums so raised in 1S98 shall be subject to 
be raised by taxation upon the various bor- 
oughs on the basis elsewhere provided In this 
act. 

Expense of public schools for the year 1898. 

See. 11. The board of estimate and appor- 
tionment shall, out of the residue of the 
various funds raised for the support of the 
public schools of the different parts of tho 
city during the year 1898, constitute from and 
after July first, 1898, the special school fund 
and the general school fund for the year 
1S98, so that the schools of tho city may 
begin in the autumn of 1898 to be conducted 
upon the basis of this division of funds, and 
in general, upon the system hereinafter 
prescribed in this act. Up to July first, 1S98, 
the school money shall be spent as raised, 
for all school purposes, by the various school 
boards respectively. It shall be the duty of 
the board of education, as constituted under 
this act, to make all appointments therein 
provided for, and to, adopt the necessary by- 
laws at such time and in such manner, that 
the now system for the administration of the 
public schools of tho city, as provided by 
this act, shall go into full effect on July first, 
1898. 

CHAPTER II. 

LEGISLATIVE DEPARTMENT. 
Legislative power; where vested. 

Sec. 17. The legislative power of the City 
of New York shall be vested in two houses 
to be known, respectively, as the council 
and board of aldermen, to be together styled 
“The Municipal Assembly of the City of New 
York.” 

Council, number of; president; quorum; sala- 
ries. 

Sec. 18. The council shall consist of twenty- 
nine members, one of whom shall bo its 
president. The president shall be che-sen on 
a general ticket by the qualified voters of the 
city, at the same time and for the same term 
as herein prescribed for tho mayor. He shall 
be known as the president of the council, 
and shall, except as herein provided, possess 
all the rights, privileges and powers and per- 
form the duties now conferred or imposed by 
law upon the president of the board of aider- 
men, of the mayor, aldermen and commonalty 
of tho city of New York. A majority 
of all tho members elected to the coun- 
cil shall constitute a quorum. The sal- 
ary of the president of the council shall be 
five thousand dollars a year. The salary of 
the other members of the council shall be 
one thousand five hundred dollars a year. 

Council, how chosen; council districts. 

Sec. 19. The remaining twenty-eight mem- 
bers of the council shall be chosen at the 
same election in the manner following: 

The city of Now York as constituted by this 
act Is hereby divided into ton council districts 
bounded and described as fellows, to wit: 

First — All that part of tho city of Now York 
as heretofore constituted comprising the pres- 
ent First, Second, Fourth, Sixth, Eighth, 
Tenth, Twelfth, Fourteenth and Sixteenth as- 
sembly districts. 

Second — All that part of the cUy of New 
York as heretofore constituted comprising the 

present Third, Fifth, Seventh, Ninth, Kiev- 


12 


THE CHARTER FOR THE GREATER NEW YORK. 


enth, Thirteenth, Fifteenth, Seventeenth, 
Twenty-fifth and Twenty-seventh Assembly 
districts. 

Third — All that part of the city of New 
York as heretofore constituted comprising 
the present Eighteenth, Twentieth, Twenty-sec- 
ond, Twenty-fourth, Twenty-sixth. Twenty- 
eighth, Thirtieth, Thirty-second and Thirty- 
third assembly districts. 

Fourth — All that part of the city of New 
York as heretofore constituted comprising the 
present Nineteenth, Twenty-first, Twenty- 
third, Twenty-ninth and Thirty-first Assem- 
bly districts, and that, part of the Thirty- 
fourth Assembly district lying south of the 
Harlem river. 

Fifth — All that part of the city of New 
York as heretofore constituted comprising 
that part of the present Thirty-fourth Assem- 
bly district lying north and east of the Harlem 
river and the whole of the Thirty-fifth As- 
sembly district, together with the district 
known as the annexed district of said city, 
being all that part of the city of New York 
lying north and east of the Harlem river. 

Sixth— All that part of the former city of 
Brooklyn comprising the present: Thirteenth, 
Fourteenth, Fifteenth, Sixteenth, Seventeenth, 
Eighteenth, Nineteenth, Twenty-first, Twenty- 
fifth, Twenty-seventh and Twenty-eighth 
wards of said city. 

Seventh — All that part of the former city of 
Brooklyn comprising the present Seventh, 
Ninth, Twentieth. Twenty-second, Twenty- 
thiTd, Twenty-fourth, Twenty-sixth, Twenty- 
ninth and Thirty-second wards of said city. 

Eighth — All that part of the former city of 
Brooklyn comprising the present First, Sec- 
ond, Third, Fourth, Fifth, Sixth, Eighth, 
Tenth, Eleventh, Twelfth, Thirtieth and 
Thirty-first wards of said city. 

Ninth — Thak part of Queens county included 
in the city of New York as constituted by this 
act. 

Tenth — The county of Richmond. 

From each of the first eight of the said coun- 
cil districts there shall be elected three mem- 
bers of the council. 

From that part of the County of Queens in- 
cluded within the city of New York as con- 
stituted by this act, comprising the Ninth of 
the said council districts, there shall be 
elected two members of the council; one of 
said members shall be elected from those 
parts of said county heretofore known as 
Long Island City and the town of Newtown; 
and the other of said members shall be elect- 
ed from those parts of said county hereto- 
fore known as the towns of Jamaica and 
Flushing and that part of the town of Hemp- 
stead included within the City of New York 
as hereby constituted. 

From the County of Richmond, comprising 
the Tenth of the said council districts, there 
shall be elected two members of the council. 

Term of office of members of the council. 

Sec. 20. The term of office of each member 
of the council shall commence on the first 
Monday of January after his election, and 
shall continue for four years thereafter, and 
until his successor shall be elected and has 
qualified. The president and members of 
the council shall be elected at the general 
election in the year 1897, and every four years 
thereafter. 

Mayor, an ex-officio member of the council. 

Sec. 21. Every ex-mayor of the City of New 
York as constituted by this act shall, so 
long as he remains a resident of said city, be 
entitled to a seat in the council and to par- 


ticipate in its discussions, but he shall not 
be entitled to a vote. 

Time of meeting of council. 

• 

Sec. 22. The first meeting of said council 
in each year shall be held on the first Monday 
of January, at noon. 

When president of council to act as mayor; 

powers; temporary chairman of council. 

Sec. 23. "Whenever there shall be a vacancy 
in the office of mayor, or whenever by reason 
of sickness or absence from the city the 
mayor shall be prevented from attending to 
the duties of his office, the president of the 
council shall act as mayor, and possess all 
the rights and powers of mayor during such 
disability or absence. In case of a vacancy 
he shall so act until noon of the first Mon- 
day of January succeeding the election at 
which the mayor’s successor shall be chosen; 
and at the next general election, at which 
municipal officers shall be elected, which 
shall take place more than thirty days 
after the occurrence of a vacancy in the of- 
fice of mayor, a successor shall be chosen, 
who shall hold for the unexplred term. It 
shall not be lawful for the president of the 
council, when acting as mayor in consequence 
of the sickness or absence from the city 
of the mayor, to exercise any power 
of appointment to or removal from office, un- 
less such sickness or absence of the mayor 
shall have continued ten days; or to sign, 
approve or disapprove any ordinance or reso- 
lution, unless such sickness or absence shall 
have continued at least nine days. The coun- 
cil shall elect a vice-chairman to preside over 
the meetings, who shall possess the powers 
and perform the duties of the president of 
the council, when said president is sick, ab- 
sent or under suspension, or while the presi- 
dent of the council is acting as mayor, or 
when a vacancy occurs in said office, and 
who shall, during such time, be a member of 
every board of which the president of said 
council is a member by virtue of his office. 

Board of aldermen, how constituted; term of 

office; vacancies, how filled; salary. 

Sec. 24. The hoard of aldermen ^hall be 
elected at the general election In the year 
1897, and every two years thereafter, and 
shall consist of one member elected from 
each of the assembly districts within the ter- 
ritory of the city of New York, as constituted 
by tSiis act, or as such assembly districts may 
hereafter be changed by law; provided, how- 
ever, that in the county of Queens, until oth- 
erwise provided by law, one member of said 
board of aldermen shall be elected from those 
parts of said county heretofore known as 
Long Island City and the town of Newtown; 
and one member shall he elected from those 
parts of said county heretofore known as the 
towns of Jamaica and Flushing and that part 
of the town of Hempstead included within the 
city of New York, as hereby constituted; and 
provided, further, that one member of the 
board of aldermen shall be elected from those 
parts of the First and Second assembly dis- 
tricts of Westchester county, included in the 
borough of the Bronx. The term of office of 
each alderman shall commence on the first 
Monday of January, after his election, and 
shall continue for two years thereafter, and 
until his successor shall be elected and 
has qualified. Any vacancy which may 
occur in the council or the board of 
aldermen shall be filled by election, 
by either of said bodies respectively, by 
a majority of all the members elected thereto; 
and the person so elected to fill any such va- 
cancy shall serve for the unexpired portion of 


the terms. The salary of members of the 
board of aldermen shall be one thousand dol- 
lars a year. : 

Id.; quorum. 

Sec. 25. A majority of all the mem- 
bers elected to the board of aldermen 
shall constitute a quorum. Each head of an 
administrative department of the city shall be 
entitled to a seat in said board and shall 
whenever practicable attend the meetings of 
the board, and shall have the right to parti- 
cipate in i'ts discussions, but shall not have 
the right to vote. If an administrative de- 
partment is composed of more than one mem- 
ber, the president or presiding officer of such 
department shall be entitled to such seat. 

Id.; how president elected and removed. 

Sec. 26. The board of aldermen shall, at its 
first meeting which shall be at noon on the 
first Monday of January, after each alderman- 
ic election, by the affirmative vote of a major- 
ity of those present and constituting a quorum, 
choose a president from its o.wn members, by 
a call of the names of the members of the 
board, upon which call each member shall 
announce his choice, and when once chosen, 
such president can be removed before the 
expiration of his term as alderman, when 
his term as president shall expire, only by 
a vote taken by a call of ayes and noes, 
of four-fifths of all the members elected to 
the board. 

Council and board of aldermen; sergeant-at- 

arms; rules, journal, sittings; expulsion of 

members. 

Sec. 27. The council and the board of alder- 
men may each elect a sergeant-at-arms and 
such assistants as are needful to the orderly 
conduct of their meetings, provided, however, 
that no expenditures for salaries of such ser- 
geant-at-arms and such assistants shall ex- 
ceed the amount appropriated therefor in the 
annual budget. Each of said bodies shall de- 
termine the rules of its own proceedings; 
shall each be the judge of the election returns 
and qualifications of its own members; sub- 
ject, however, to review by certiorari of 
any court of competent jurisdiction; shall 
each keep a journal of its proceedings; shall 
each sit with open doors; shall each have 
authority to compel the attendance of absent 
members and to punish its members for dis- 
orderly behavior; and to expel any member 
with the concurrence of two-thirds of all the 
members elected to such body. Every mem- 
ber so expelled shall thereby forfeit all his 
rights and powers, subject, however, to ju- 
dicial review on certiorari. 

City clerk; appointment, term, duties; papers 

certified by him to be evidence. 

Sec. 28. The council shall, at the first meet- 
ing, appoint a clerk, who shall perform such 
duties as may be prescribed for him. The 
clerk so appointed shall also be the city clerk, 
and hold his office for six years, and until his 
successor shall be appointed and have qualified 
unless removed for cause. The city clerk shall 
have charge of all the papers and documents 
of the city, except such as are by law commit- 
ted to the keeping of the several departments 
or of other officers, and shall keep the record 
of the proceedings of the municipal assembly. 
He shall engross all the ordinances of the mu- 
nicipal assembly in a book to be provided for 
that purpose, with proper indices, which book 
shall be deemed a public record of such ordi- 
nances, and each ordinance shall be attested 
by said clerk. Copies of all papers duly filed 
in his office, and transcripts thereof, and oj. 
the records of proceedings of the municipal 
assembly, and cop.es of the laws and ordi- 


THE CHARTER FOR THE GREATER 


NEW 


YORK. 


13 


nances of said city, certified by him under the 
corporate seal, shall be evidence In all courts 
and placets of the matters therein contained. 
Said clerk shall appoint a clerk for the board 
of aldermen, who, apart from his service dur- 
ing the meetings of said board of aldermen, 
shall be in all things subject to his direction 
and control. Said clerk may be removed on 
charges by a two-thirds vote of all the mem- 
bers of the council, subject, however, to ju- 
dicial review on certiorari. 

City clerk; proceedings of municipal assembly. 

Sec. 29. Immediately after the adjournment 
of each meeting of the municipal assembly, 
it shall be the duty of the clerk to prepare 
a brief abstract, omitting all technical and 
formal details, of all resolutions and ordi- 
nances introduced or passed, and of all 
recommendations of committees, and of all 
final proceedings, as well as full copies of all 
messages from the mayor and all reports of 
departments or oflicers. He shall at once 
transmit the same to the person appointed to 
supervise the publication of the City Record 
to be published therein. 

Certain ordinances and resolutions; how passed 

and approved; ayes and noes published. 

Sec. 30. No ordinance or resolution pro- 
viding for or contemplating hte alienation or 
disposition of any property of the city, 
the granting of a franchise, terminating 
the lease of any property or franchise 
belonging to the city, or the making of any 
specific improvement, or the appropriation or 
expenditure of public moneys, or authorizing 
the Incurring of any expense, or the taxing 
or assessing of property in the city, shall 
pass the council or board of aldermen at the 
same session at which it is first offered, un- 
less by unanimous consent; and the same 
shall not be finally passed or adopted 
by the municipal assembly until at 
least five days after such abstract of its 
provisions shall have been published, as 
provided in section 29. No such or- 
dinance or resolution shall be approved 
by the mayor until three days after 
such abstract shall have been so published 
after its passage; but if an abstract of any 
resolution or ordinance shall have been once 
published after its introduction, it shall not 
thereafter be necessary to publish the same 
again, but only to refer to the date and page 
of the former in the City Record, and to state 
the amendments, if any, made thereto. In all 
cases the ayes and noes upon the final pas- 
sage of such resolution or ordinance shall be 
taken, recorded and published. 

Records open for inspection; other duties of 

clerks; sickness. 

Sec. 31. It shall be the duty of the city clerk 
to keep open for inspection, at all reasonable 
times, the records and minutes of the proceed- 
ings of the municipal assembly. He shall 
keep the seal of the city, and his 
signature shall be necessary to all 
leases by the city of its property, and to 
all grants and other documents, as under ex- 
isting laws. In the absence of said clerk by 
sickness or otherwise, his first deputy shall be 
vested with and possessed of all the rights and 
powers, and be charged with all the duties, by 
this section or by law or ordinance imposed 
upon said clerk. 

Id.; records and papers delivered to and kept 

by the clerk; clerks in boroughs. 

Sec. 32. All the muniments, records, patents, 
deeds, minutes, writings and papers belonging 
to the mayor, aldermen and commonalty of 
the city of New York, now in the custody of 


the clerk of the board of aldermen thereof, 
shall be delivered to and kept by the city 
clerk. The city clerk shall be the custodian 
of all like muniments, records, patents, deeds, 
minutes, writings and other papers belonging 
to any of the municipal and public corporations 
by this act united and consolidated into the 
city of New York, and shall have power to 
appoint a clerk in each of the boroughs 
constituted by this act, who shall have charge 
of the same, subject to the direction and con- 
trol of said city clerk and of the municipal as- 
sembly. 

Id.; salary and deputies. 

Sec. 33. The salary of the city clerk shall 
be $7,000 a year, and he may appoint such 
deputies or clerks as are necessary to the 
discharge of his duties, provided that the ag- 
gregate salaries of such deputies and clerks, 
including the salary of the city clerk, shall 
not exceed in any one year the sum appro- 
priated therefor in the annual budget. 

Licenses to auctioneers. 

Sec. 34. The city clerk shall have authority 
to grant licenses to any person engaged in 
and carrying on the business and occupation 
of auctioneer, or desiring to be so engaged, 
on such person filing a bond approved 
by him with two good sureties in the 
penal sum of $2,000. The president of 
the council, on complaint of any per- 
son having been defrauded by any auctioneer, 
or by the clerk, agent or assignee of such auc- 
tioneer, doing business in said city, is author- 
ized and directed to take testimony under 
oath relating thereto; and if the charge shall, 
in his opinion, be sustained, he shall revoke 
the license granted to him and direct the 
bonds to be forfeited. 

Municipal assembly; journal; ayes and noes. 

Sec. 35. Each house shall keep a journal of 
its proceedings, and the ayes and noes of the 
members on any question shall, at the de- 
sire of any two members, be taken and enter- 
ed therein. The ayes and noes shall be called 
and recorded on the final passage of any or- 
dinance. 

Id.; no member eligible to any city office. 

Sec. 36. No member of the municipal assem- 
bly shall, during the term for which he is 
elected, be eligible or be appointed to any other 
office under the city, nor shall any member of 
said assembly, while such, be a contractor 
with or an employe of the city, or of either 
branch of the said assembly in any capacity 
whatever. 

Id.; meetings. 

Sec. 37. The stated and occasional meetings 
of the municipal assembly and its proceedings 
and business shall be regulated by Its own 
resolutions and rules, provided, however, 
that at least one stated meeting shall be 
held each month, except in the discretion of 
the municipal assembly in August and Sep- 
tember. The mayor may at any time call a 
special meeting of the municipal assembly. 
He shall call such meeting when a requisition 
for that purpose, signed by nine members of 
the board of aldermen and three members of 
the council, has been presented to him. Three 
days before any special meeting of the mu- 
nicipal assembly is held, notice of the time 
of the intended meeting and of the business 
proposed to be transacted, signed by the may- 
or, shall be published in the city record, and 
the city clerk shall cause a copy of such no- 
tice to be left or sent by post at the usual 
place of abode or of business of each member 
of the municipal assembly, but want of 
service of a notice upon any member shall 
not affect the validity of a meeting. No 
business shall be transacted at a special 


meeting other than that specified in the no- 
tice relating thereto. 

Id.; style of ordinances. 

Sec. 38. The style of ordinances shall be: 
“Be it ordained by the municipal assembly of 
the City of New York, as follows”: 

Id; vote required to pass ordinances and reso 

lutions. 

Sec. 39. Every legislative act of the muni- 
cipal assembly shall be by ordinance or reso- 
lution. No ordinance or resolution shall be 
passed except by a vote of a majority of all 
the members elected to each house. In case 
any ordinance or resolution involves the ex- 
penditure of money, the creation of a debt, 
or the grant of a franchise, the votes of three- 
fourths of all the members elected to each 
house shall be necessary to Its passage. No 
money shall be expended for any celebration, 
procession, funeral ceremony, reception or 
entertainment of any kind, or on any occa- 
sion, unless by the votes of four-fifths of all 
the members elected to each house. 

No additional allowance beyond the legal 
claim which shall exist under any contract 
with the corporation or with any department 
or officer thereof or for any services on Its ac- 
count or in its employment, shall ever be 
passed by the municipal assembly, except by the 
unanimous vote of both houses thereof, and 
in all cases the provisions of any such contract 
shall determine the amount of any claim 
thereunder or in connection therewith, against 
the said corporation, or the value of any such 
services. 

Mayor's veto. 

Sec. 40. Every ordinance or resolution shall, 
before it takes effect, be presented, duly 
certified, to the mayor for his approval. The 
mayor shall return such ordinance or resolu- 
tion to the house in which it originated, within 
ten days after receiving it, or at the next 
meeting of the house after the expiration of 
said ten days, unless such ordinance or reso- 
lution be one of those mentioned in section 30 
of this act, in which case the mayor shall re- 
turn said ordinance or resolution to the house 
in which it originated within ten days after 
the abstract of its provisions or a reference 
thereto shall have been published in the City 
Record as provided in said section 30, or at 
the next meeting of the house after the expira- 
tion of said ten days. It he approve it he 
shall sign it. If he disapprove it, he shall 
specify his objection thereto in writing. If 
he do not return it with such disapproval 
within the time above specified it shall take 
effect as if he had approved it. In case of 
disapproval the objections of the mayor shall 
bo entered at large on 'the journal of the 
house, and the house shall, after ten days and 
within fifteen days after such ordinance or 
resolution s'halil have been returned to it, pro- 
ceed to reconsider and vote upon the same. If 
the same shall, on reconsideration, be again 
passed by the totes of at least two-thirds of 
all the members elected to each house, It shall 
•take effect; provided that in case the ordi- 
nance or resolution involves the expenditure 
of money, the creation of a debt, the laying 
of an assessment, or the grant of a fran- 
chise it shall require a vote of five-sixths o<f 
all the members of each house to pass it over 
the mayor’s veto. If the ordinance 
or resolution shall fall to receive upon 
the first voto upon, such reconsideration such 
number of affirmative votes in either house, 
it shall be deemed finally lost. In all cases 
the vote shall bo taken by ayes and noes, and 
the names of the persons voting for or against 
its passage on such reconsideration shall be 
entered in th ; e journal of the house. In case 


14 


THE CHARTER FOR THE GREATER NEW YORK. 


an ordinance or resolution shall embrace 
more than one distinct subject the mayor may 
approve the provisions relating to one or more 
subjects and disapprove the others. In such 
case those he shall approve shall become ef- 
fective, and those which he shall not ap- 
prove shall be reconsidered by the house and 
shall only become effective if again passed, 
as above provided. 

Ordinances to remain in force. 

Sec. 41. The ordinances now in force re- 
spectively in the City of New York, the City 
of Brooklyn, Long Island City, and the other 
municipal and public corporations and parts 
thereof hereby consolidated with the City of 
New York, are, so far as the same are not in- 
consistent with this act, hereby continued in 
full force and effect within the former limits 
of said respective cities and municipal a.sth 
public corporations, or parts thereof, sub- 
ject to modification, amendment or repeal by 
the municipal assembly of the City of New 
York. Such ordinances may be enforced by 
and in the name of “The City of New York.” 

Power to acquire additional water works. 

Sec. 42. The municipal assembly is author- 
ized, in accordance with the provisions of this 
act, to construct, establish, and maintain, or 
to acquire by purchase or condemnation and 
maintain in all parts of the city additioual 
water works to supply the city or any part 
thereof and its inhabitants with water and to 
provide for the distribution and sale to the 
Inhabitants of the city of such water aDd fix 
the terms thereof, and acquire and hold prop- 
erty, real and personal, within and beyond 
the limits of the city for said purposes. The 
municipal assembly may pass appropriate or- 
dinances, not inconsistent with Jaw, with this 
act or with any vested rights of existing com- 
panies or corporations to enforce the provi- 
sions of this section and to carry out its pur- 
poses. 

Id., to restrict height of buildings. 

Sec. 43. The municipal assembly Is author- 
ized by ordinance to regulate and restrict the 
height of buildings to be hereafter erected in 
the city. When any ordinance on that sub- 
ject is introduced, the municipal assembly 
shall provide for public hearings in reference 
thereto before it or before appropriate com- 
mittees; and no ordinance restricting the 
height of buildings shall be passed unless it 
is approved beforehand by the board of pub- 
lic improvements by a resolution or vote of a 
majority of all the members of such board 
entered on its minutes or record, and unless 
It shall be passed by a majority of all the mem- 
bers elected to each house of the municipal 
assembly, the vote being taken by ayes and 
noes. 

Power to appoint special committees. 

Sec. 44. The municipal assembly shall have 
power and it shall be its duty to see to the 
faithful execution of the laws and ordinances 
of the city: and the municip^ assembly may, 
by joint resolution, appoint from time to time 
a special committee to inquire whether the 
laws and ordinances of the city relating to any 
subject or to any department of the city gov- 
ernment are being faithfully observed and 
the duties of the officers of such department 
or of any officer of the city are being faith- 
fully discharged, also to examine and re- 
port whether there are any unnecessary, in- 
efficient or unfit employes, any excessive sal- 
aries or compensations paid and generally 
in respect of any and all matters which will 
conduce to tho orderly and economical admin- 
istration of the affairs of the city government 
or any department thereof. Such committee 
shall have access to the books and records 


of the city or of any department or officer 
thereof. 

Franchises for street railways; ferries. 

Sec. 45. The municipal assembly is author- 
ized to gra.nt from time to time to any cor- 
poration thereunto duly authorized, the fran- 
chise or right to construct and operate rail- 
ways in, upon, over, under and along streets, 
avenues, parkways or highways of the city, but 
no such grant shall be made except upon the 
limitations and conditions of this act else- 
where provided in respect of the grant by the 
municipal assembly of franchises and rights 
in the streets, avenues, parkways and high- 
ways of the city. And further, to the end 
that cheap, easy and convenient intercourse 
may be had between all parts of the city, the 
City of New York, as hereby constituted, 
shall have full and exclusive power to estab- 
lish, and full power to enjoy by leasing the 
same or otherwise, and to maintain and regu- 
late ferries over all streams and waterways 
within or adjoining the limits of the said 
city. The municipal assembly may pass 
appropriate ordinances not inconsistent 
with law or with this act, or with the 
vested rights of existing companies or cor- 
porations to enforce the provisions of this 
section and to carry out its purpose. Nothing 
in this act contained is intended to repeal or 
affect the provisions of the rapid transit acts 
applicable to the corporation heretofore 
known as the mayor, aldermen and common- 
alty of the City of New York, or any muni- 
cipality herein united therewith or territory 
embraced therein, or to repeal or affect the 
existing general laws of the state in respect 
to street surface railroads. 

Municipal assembly; powers and duties of 

former boards. 

Sec. 46. Kxcept as otherwise provided in 
this act, all the powers and duties conferred 
or charged upon the common council of the 
mayor, aldermen and commonalty of the city 
at New York, or the board of aldermen 
thereof, or upon the common council of the 
City of Brooklyn or of Long Island City, 
or upon any board, body or officer of any of 
the municipal and public corporations or parts 
thereof, hereby consolidated with the City of 
New York, as heretofore known and bounded, 
shall be exercised and performed by the mu- 
nicipal assembly of the City of New York, as 
hereby constituted, subject, nevertheless, to 
the power of approval or disapproval by the 
mayor of said city, as provided in this act. 

Id.; police, health, park, fire and building 
regulations. 

Sec. 47. The municipal assembly shall have 
power to make, establish, alter, modify, amend 
and repeal all ordinances, rules, police, health, 
park, fire and building regulations, not con- 
trary to the laws of the state, or the 
United States, as they may deem necessary to 
carry into effect the powers conferred upon 
the city of New York by this act, or by any 
other law of the state, or by grant, and 
such as it may deem necessary and proper 
for the good government, order and pro- 
tection of persons and property, and for the 
preservation of the public health, peace and 
prosperity of said city, and its inhabitants, ex- 
cept so far as the legislative power respecting 
the health, police, park, fire and building de- 
partments shall be conferred upon said' depart- 
ments respectively by the provisions of this 
act, and except that, any modification 
of the existing rules, regulations and 
ordinances affecting any of the departments 
and all ordinances to be passed to govern 
the board of public improvements or any of 
the departments thereof, must originate with 


the department concerned, or with said 
board, and must be adopted or rejected by 
the municipal assembly without amendment. 

Id.; further powers; bonds for specified public 
improvements. 

Sec. 48. The municipal assembly shall havo 
power to provide by ordinance for the ac- 
quisition, construction, or establishment of 
markets; for the acquisition and construction 
of parks, parkways, boulevards and drive- 
ways; for the building of bridges and the es- 
tablishment of ferries over, and of tunnels 
under any stream or waterway within or ad- 
joining the limits of the city; for the build- 
ing of docks, wharves or piers, and for ac- 
quiring land by purchase or condemnation 
for said purposes; for acquiring or construct- 
ing public buildings, including school houses 
and sites therefor for the use of the city; 
for the repaving of streets; and for any of 
the foregoing purposes, may create loans and 
authorize the issue of bonds or other evi- 
dences of indebtedness to pay for the same, 
payable at such times and in such manner, 
and at such rates of interest as it may 
by ordinance prescribe; but no bonds 
or other evidences of indebtedness 
shall be issued under the author- 
ity of this section, unless the proposition for 
creating such debt shall first be approved by 
a resolution or vote of a majority of all of 
the members of the board of estimate and ap- 
portionment, entered on the minutes or rec- 
ord of such board, and provided further, that 
in the case of the issue of bonds or other evi- 
dences of indebtedness for the repaving of 
streets, the vote of the board of estimate and 
apportionment must be unanimous. 

Id.; make ordinances and regulations for cer- 
tain purposes. 

Sec. 49. Subject to the provisions of this 
act, the municipal assembly shall have 
power within said city to make, establish, 
publish and modify, amend or repeal ordi- 
nances, rules, regulations and bylaws not 
inconsistent with this act, or with tho consti- 
tution or the laws of the United States or 
of this state, for the following purposes: 

1. In relation to the inspection and seal- 
ing of weights and measures, and the keep- 
ing in use of proper weights and measures 
by vendors; and may by ordinance regu- 
late the duties and fees or salary of the 
inspectors of weights and measures and 
of the sealers of weights and measures, 
and may impose such penalties for using 
weights and measures and scale beams 
which shall not have been inspected and 
sealed in conformity to the ordinances, and 
to provide for the appointment of such 
inspectors and sealers by the mayor as to 
them shall seem proper. They may assign 
a particular district of the said city for 
each of said inspectors and likewise for 
each of the sealers of weights and measures, 
and may confine them in the performance 
of their duties to such districts respect- 
ively. 

2. In relation to the inspection, weighing 
and measuring of fire wood, ccq.1, hay and 
straw and the carnage of the same. 

3. To regulate the use of streets, high- 
ways, reads, public places and sidewalks by 
foot passengers, animals, vehicles, cars, mo- 
tors and locomotives, and to prevent en- 
croachments upon and obstructions to the 
same, and to authorize and require their re- 
moval by the proper department; hut they 
shall have no power to authorize the plac- 
ing or continuing of any encroachment or 
destruction upon any street or sidewalk, ex- 
cept the temporary occupation thereof, dur- 
ing the erection or repairing of a building on 


THE CHARTER FOR THE GREATER NEW YORK, 


IS 


a lot opposite the same, nor shall 'they per- 
mit the erection of booths and stands with- 
in stoop lines, except for the sale of news- 
papers, periodicals, fruits and soda water, 
and with the consent in such cases of the 
owner of the premises. 

4. To regulate by general ordinance, the 
opening of street surfaces for purposes au- 
thorized by law, subject to such restrictions 
as have already been prescribed by statute. 

5. To regulate the numbering of the 
houses and lots in the streets and avenues 
and the naming of the streets, avenues and 
public places, but it shall not bo iawful to 
number or renumber any houses or to 
change the name of any street, avenue or 
public place, save between the first day of 
December of any year and the first day 
of May next ensuing. 

6.,To regulate and prevent the throwing 
or depositing of ashes, offal, dirt or gar- 
bage in the streets and subject to the other 
provisions of this act to regulate the clean- 
ing of the streets, avenues, sidewalks and 
gutters and removing of ice and snow from 
them. 

7. To regulate the use of the streets and 
sidewalks, for signs, sign posts, awnings, 
awning posts, horse troughs, urinals, tel- 
egraph posts and other purposes. 

8. To provide for and regulate street 
pavements, cross walks, curb stones, gut- 
ter stones, sidewalks and to provide for 
regulating, grading, flagging, curbing, gut- 
tering, and subject to the provisions of 
this act. lighting streets, roads, places and 
avenues. 

9. To regulate public cries, advertising 
noises, steam whistles and ringing bells 
in the streets, 

10. In relation to street vagrants, beggars 
and mendicants, 

11. In relation to the use of guns, pistols, 
fire arms, fire crackers, fire works and 
detonating works of all description within 
the city. 

12. In relation to intoxication, fighting and 
quarreling in the streets. 

13. In relation of places of public amuse- 
ment. 

14. In relation to exhibiting banners, pla- 
cards, or flags in or across the streets, or 
from houses or other buildings. 

15. In relation to the erection, mainte- 
nance and repair of public fountains for the 
use of man and animals, atconvenient points 
along the streets and avenues and public 
places. 

1C. In relation to the exhibition of ad- 
vertisements or hand bills along the streets, 
avenue's or public places. 

17. In relation to the construction, repair 
and use of vaults, cisterns, areas, hydrants, 
sewers and pumps. 

13. In relation to partition fences and 
wails. 

19. In relation to the construction, repair, 
care and use of markets. 

20. In relation to the licensing and business 
of public cartmen, truckmen, haekmen, cab- 
men, expressmen, car drivers and boatmen, 
pawnbrokers, junk dealers, keepers of in- 
telligence offices, dealers in secondhand ar- 
ticles, hawkers, peddlers, venders and the 
keeping of dogs, menageries, circuses, com- 
mon shows and scalpers In ccal freights, 
hone boiling, fat rendering and other nox- 
ious businesses, and to fixing the license, if 
any, therefor. All licenses created therefor 
shall be according to an established form and 
shall be regularly numbered and duly regis- 
tered, as shall be prescribed by the municipal 
assembly, provided, however, that all laws 
heretofore passed m respect to the avoca- 1 


tions above named within the city, shall 
remain in full force and effect, to the ex- 
clusion of any power granted by this pro- 
vision so far as their terms shall require. 

21. The municipal assembly shall also fix 
the annual license fee, not exceeding the 
sum of twenty dollars, for each street or 
horso car daily operated or used in that 
portion of the city heretofore known as tho 
City of Brooklyn. Every railroad company 
operating or using such cars, shall, on or be- 
fore the first day of June in each year, 
certify to the city clerk the average num- 
ber of cars daily operated and used by said 
company, which certificate shall be verified 
by the oath of one of the managing officers of 
said company, and every such railroad com- 
pany shall, on or before the first day of 
July in each year, pay to the chamber- 
lain of the city of New York, the license 
fees so established for the average number 
of cars so operated and used by said com- 
pany. The said license fees shall be taken 
in full satisfaction for the use of the streets 
or avenues, hut the same shall not release 
said company from any obligations required 
by law to keep such streets and avenues, or 
any part thereof, in repair, which said ob- 
ligations and the contracts, laws or ordin- 
ances. creating and enforcing the same, are 
hereby continued in full force and operation. 
But .nothing in this subdivision contained 
shall be construed to release any railroad 
company In the City of New York, as con- 
stituted by this act, from any duty or ob- 
ligation existing at the time this act takes 
effect by virtue of any law, ordinance or 
contract. 

22. To the more effectual suppression of 
vice or immorality, and the preserving of 
peace and good order in said city. 

23. For the licensing and otherwise regu- 
lating the use of dirt carts. 

24. For the preservation and protection of 
all or any of the works connected with the 
supplying of the city of New York with pure 
and wholesome water. 

25. To regulate the fees for searches and 
certificates, to be charged by the collector 
of assessments and arrears. 

2G. To make such regulations in reference 
t? the running of stages, omnibuses, trucks 
and cars as may be necessary for the con- 
venient use and the accommodation of the 
streets, piers, wharves and stations, and 
whenever in shipping or receiving goods, 
wares, or other merchandise at any of the 
shipping lines, by eteamboat, canalboat, 
sailing vessels, railroad or from or to any 
warehouse during the specified hours for re- 
ceipt or delivery of freight, a truckman is 
unreasonably detained over thirty minutes 
by reason of said steamboat, canalboat, sail- 
ing vessel, railroad company or warehouse 
not employing sufficient help for prompt re- 
ceipt or delivery of freight, or by reason of 
the failure to use all of the facilities at their 
disposal for tho prompt receipt and delivery 
of freight, to regulate tho amount said 
truckman shall bo entitled to bo paid, which 
amount shall not be less than the sum of 
one dollar per hour for every hour which he 
is so unreasonably detained, which amount 
shall be paid to said truckman by the com- 
pany, corporation or person causing suoh 
delay. 

27. To regulate the rates of fare to be 
taken by owners or drivers of hackney 
coaches or carriages; such owners shall pay 
an annual license fee to be determined by 
the municipal assembly. 

28. The municipal assembly may author- 
ize the establishment, operation or exten- 
sion of any right for the running of omni- 
buses or stages, and may terminate or alter 


such authority conformably to the statutes 
applicable thereto. 

29. To regulate swimming and bathing in 
the waters of or bounding the city, and to 
establish and maintain In the city such 
public baths and public comfort stations as 
they may deem necessary, and to establish 
suitable rules and regulations for the man- 
agement of the same. 

30. To prohibit and suppress all gaining 
houses and places for gaming in tho said 
city. 

31. To enlarge or extend from time to 
time the limits of the fire districts of the 
city, and to establish additional fire dis- 
tricts and from time to time to extend tho 
same. 

Id.; foregoing enumeration of powers not re- 
strictive; genera! power. 

Sec. 50. The foregoing or other enumeration 
of powers in this act shall not be held to limit 
the legislative power of the municipal assem- 
bly which, in addition thereto, may exer- 
cise all of the powers vested in tho 
city of eNw York by this act or otherwise 
by proper ordinances, rules, regulations and 
bylaws not inconsistent with the provisions 
of this act or with the constitution or laws of 
the United States or of this state; and subject 
to such limitations, may from time to time or- 
dain and pass all such ordlnaces. rules, regu- 
lations and bylaws as to the said municipal 
assembly may seem meet for the good rule 
and government of the oity, and to carry out 
the purposes and provisions of this act or of 
other laws relating to the said city, and may 
provide for tho enforcement of the same b7 
such fines, penalties, forfeitures and Imprison* 
ment as may by ordinance or by law be pre- 
scribed. 

Id.; licenses to second-hand dealers ; penalty 
■ for violating ordinance. 

Sec. 51. Every dealer in second-hand arti- 
cles and scalper in coal freights shall pay 
for a license a sum to be determined by tbe 
municipal assembly, not exceeding five hun- 
dred dollars. Dealers in second hand articles 
and scalpers in coal freights may bo required 
to give security to tho oity with one or more 
sufficient surely or sureties, in a sum not 
exceeding ten thousand dollars conditioned 
for the observance of the ordinances of the 
municipal assembly. No greater pen- 
alty than one hundred dollars shall be im- 
posed by an ordinance as the penalty of the 
violation of apy ordinance by any deaier lu 
second hand articles or scalper lu coal 
freights. 

Id.; designating common jails. 

Sec. 52. The municipal assembly may, by 
ordinance from time to time, by a vote of 
two-thirds of tho members of each house, 
and the approval of the mayor, designate 
any building or buildings within the city to 
be the common jails of said city for all the 
purposes for which common jails may by 
law bo used, and such building or buildings 
so designated, shall ho such common jails 
until changed by a like ordinance by the 
municipal assembly. 

Id.; assignment of places for holding courts 
of general and special sessions and magis- 
trates or police courts. 

Sec. 53. The municipal assembly, by resolu- 
tion or ordinance, by a vote of not less than 
two-thirds of all the members elected to eaeh 
house, may assign such place in said city as 
may to it seem most conducive to the public 
convenience, for the holding of the courts 
of general and special sessions, and upon the 
application of the board of city magistrates, 


16 


THE CHARTER FOR THE GREATER NEW YORK. 


may designate additional places for the hold- 
ing of magistrates or police courts and jail 
delivery to be held in and for the city; notice 
erf any change of the places of holding such 
courts shall, before the same takes effect, be 
published in the City Record and the corpo- 
ration newspapers, for a period of not less 
than four weeks. Said publication shall be 
made under the direction of the city clerk. 

Id.; assignment of places for holding munici- 
dal courts. 

Sec. 54. The municipal assembly may as- 
sign the places where the several municipal 
courts shall be held, within their respective 
districts, except as otherwise provided by law. 

Id.; security to be required from certain of- 
ficers. 

Sec. 55. It shall be the duty of the munici- 
pal assembly, where no provision has been 
made by law in respect thereto, to provide for 
the accountability of all officers and other per- 
sons, save as herein otherwise provided, to 
whom the receipt or expenditure of the funds 
of the city shall be intrusted, by requiring 
from them sufficient security for the per- 
formance of their duties of trust, which se- 
curity shall be annually renewed; but the 
security first taken shall remain in force 
until new security shall be given. 

Id.; prescribe salaries of officers. 

Sec. 56. The salaries of all officers whose 
offices may be created by the municipal as- 
sembly for the purpose of giving effect to the 
provisions of this act shall, subject to the 
other provisions of this act, be prescribed by 
ordinance or resolution. The municipal as- 
sembly shall have power, upon the recommen- 
dation of the board of estimate and appor- 
tionment, to fix the salary of any officer or 
person whose compensation is paid out of 
the city treasury, irrespective of the amount 
fixed by this act, except that no change shall 
be made in the salary of an elective officer or 
head of a department during the term for 
which he was elected or appointed. 

Id.; publication of code of ordinances. 

Sec. 67. The ordinances of the municipal as- 
sembly shall, as far as practicable, be re- 
duced to a code and published. 

Id.; commissioner of deeds; appointment, oath, 
term; clerk therefor. 

Sec. 58. The board of aldermen is hereby 
authorized and is empowered to appoint com- 
missioners of deeds from time to time, who 
shall hold their offices for two years from the 
date of their appointment; such appointment 
•hall not require the concurrence of the 
council nor the approval of the mayor, and 
hereafter, at the time of subscribing or filing 
the oath of office the city clerk shall collect 
from each person appointed a commissioner 
of deeds the sum of five dollars, and 
he shall not administer or file said oath 
unless said fee has been paid. All fees col- 
lected by the city clerk under and by virtue 
of this act, except as hereinafter provided, 
shall be accounted for and paid over monthly 
into the treasury of the city. 

The city clerk shall appoint an officer, to 
be known as commissioner of deeds clerk, 
whose duties shall be to enter the names of 
commissioners of deeds appointed, in a book 
kept for that purpose, make out certificates of 
appointment and to discharge such other duties 
as the city clerk may designate. Said com- 
missioner of deeds clerk shall receive a sal- 
ary at the rate of twelve hundred dollars per 
annum, payable monthly. 

Any person hereafter appointed to the office 
of commissioner of deeds in and for the city 
ti New York by the board of aldermen, before 


entering upon the discharge of the duties of 
said office and within thirty days after such 
appointment, shall take and subscribe before 
the commissioner of deeds clerk, in the office 
of the city clerk, the following oath of office; 
That the applicant is a citizen of the United 
States and of the state of New York, and a 
resident of the city of New York; that he will 
support the constitution of the United States 
and the constitution of the state of New York, 
and faithfully discharge the duties of the 
office of commissioner of deeds. Any com- 
missioner of deeds who may remove from the 
city of New York during his term of office is 
hereby required to notify the city clerk of such 
removal. 

The term of office of every commissioner of 
deeds who, on the first day of May, 1898, shall 
be holding over after a term of two years, 
shall then cease. 

Municipal assembly; trustees of public property. 

Sec. 59. The municipal assembly and the 
several members thereof and all officers and 
employes of the city are hereby declared 
trustees of the property, funds and effects of 
said city respectively, so far as such property, 
funds and effects are or may be committed 
to their management or control, and every 
person residing in said city, when authorized 
to pay taxes therein, and who shall pay taxes 
therein, is hereby declared to be a cestui que 
trust in respect to the said property, funds 
and effects, respectively; and any co-trustees, 
or any cestui que trust, shall be entitled, as 
against said trustees, and in regard to said 
property, funds and effects to all the rights 
and privileges provided by law for any co- 
trustee, or cestui que trust to prosecute and 
maintain any action to prevent waste and in- 
jury to any property, funds and estate held in 
trust. Such trustees are hereby made subject 
to all the duties and responsibilities imposed 
by law on trustees, and such duties and re- 
sponsibilities may be enforced by the city 
or by any co-trustee or cestui que trust afore- 
said. 

Municipal assembly; violations of law by mem- 
bers of: 

Sec. 60. Any member of the municipal as- 
sembly who shall knowingly and willfully 
disregard any provision of law applicable 
to the members of said assembly, or who shall 
vote for any contract in violation of law or 
any appropriation unauthorized by law or 
in excess of the amount authorized by law, 
or for any illegal or injurious disposition of 
corporate property, rights or franchises, shall 
be guilty of a misdemeanor and liable to the 
punishment and penalties prescribed therefor; 
and every member voting in favor thereof 
shall be individually liable to refund the 
amount to the city at the suit of any citizen 
and taxpayer. 

CHAPTER III, 

FRANCHISES AND GRANTS OF 
LAND UNDER WATER. 

Title 1. Franchises. 

2. Grants of land under water. 

TITLE 1. 

FRANCHISES. 

Inalienable rights of the city to its property. 

Sec. 71. The rights of the city in and to its 
water front, ferries, wharf property, land un- 
der water, public landings, wharves, docks, 
streets, avenues, parks and all other public 
places are hereby declared to be inalienable. 
Franchises to be granted by ordinance. 

Sec. 72. Every grant of or relating to a 
franchise of any character to any person or 


corporation must, unless otherwise provided 
in this act, be by ordinance. 

Limits and conditions to grants of franchises. 

Sec. 73. After the approval of this act no 
franchise or right to use the streets, 
avenues, parkways or highways of the city 
shall be granted by the municipal assembly 
to any person or corporation for a longer peri- 
od than twenty-five years, but such grant may 
at the option of the city provide for giving to 
the grantee the right on a fair revaluation or 
revaluations to renewals not exceeding in tho 
aggregate twenty-flvo years. Such grant and 
any contract in pursuance thereof may pro- 
vide that upon the termination of the fran- 
chise or right granted by the municipal as- 
sembly the plant, as well as the property of 
the grantee in the streets, avenues, parkways 
and highways with its appurtenances, shall 
thereupon be and become the property of 
the city without further or other compensation 
to the grantee; or such grant and contract 
may provide that upon such termination there 
shall be a fair valuation of the plant and prop- 
erty, which shall be and become the property 
of the city on the termination of the grant 
on paying the grantee such valuation. If, by 
virtue of the grant or contract the plant and 
property are to become the city’s, without 
money payment therefor, the city shall have 
the option either to take and operate the said 
property on its own account, or to renew the 
said grant for not exceeding twenty years up- 
on a fair revaluation, or to lease the same to 
others for a term not exceeding twenty years. 
If the original grant shall provide that the 
city shall make payment for the plant and 
property, such payment shall be at a fair val- 
uation of the same as property excluding any 
value derived from the franchise; and if the 
city shall make payment for such plant and 
property it shall in that event operate the 
plant and property on its own account for at 
least five years, after which it may determine 
either to continue such operation on its own 
account or to lease the said plant and prop- 
erty and the right to use the streets and pub- 
lic places in connection therewith for limited 
periods in the same or similar manner as it 
leases its ferries and docks. Every grant 
shall make adequate provision by way of for- 
feiture of the grant or otherwise to secure 
efficiency of public service at reasonable rates, 
and the maintenance of the property in good 
condition throughout the full term of the 
grant. The grant or contract shall also speci- 
fy the mode of determining the valuations and 
revaluations therein provided for. 

Proceedings prior to grant of franchise. 

Sec. 74. Before any grant of the fran- 
chise or right to use any street, avenue, 
parkway or highway shall be made, the pro- 
posed specific grant embodied in the form of 
an ordinance with all of the terms and 
conditions, including the provisions as to 
rates, fares and charges, shall be published 
at least twenty days in the City Record 
and at least twice in two daily news- 
papers published in the city to be designated 
by the mayor at the expense of the proposed 
grantee. Such ordinance shall on its introduc- 
tion and first reading be referred by the mu- 
nicipal assembly to the board of estimate and 
apportionment, who shall make inquiry as to 
the money value of the franchise or privilege 
proposed to be granted and the adequacy of the 
compensation proposed to be paid therefor, and 
no grant thereof by the municipal assembly 
shall be made except on terms approved by vote 
or resolution of the board of estimate and 
apportionment, entered on the minutes or 
record of such board, and every ordinance 


THE CHARTER FOR THE GREATER NEW YORK. 


17 


containing or making such grant shall re- 
quire the concurrence of three-fourths 
of all the members elected to each branch 
of the municipal assembly as shown 
by the ayes and noes there recorded and the 
approval of the mayor, and thirty days at 
least shall intervene between the introduction 
and final passage of any such ordinance. It 
} shall require a vote of five-sixths of all the 
i members elected to each branch of the mu- 
nicipal assembly to pass such ordinance over 
the mayor’s veto. This act shall apply to any 
( renewal or extension of the grant or leasing 
of the property to the same grantee or to 
others. 

Municipal assembly to pass ordinances. 

Sec. 75. The municipal assembly may 
from time to time pass appropriate 
ordinances, not inconsistent with the 
constitution and laws of the state, to 
carry the provisions of this title into ef- 
fect, but shall not part with the right and 
duty at all times to exercise in the interest of 
the public full municipal superintendence, 
regulation and control in respect of all mat- 
ters connected with such grant, and not in- 
consistent with the terms thereof. 

City may dispose of buildings not required for 
public use. 

Sec. 764. Nothing in this title contained shall 
prevent the city from disposing of any building 
or parcel of land no longer needed for public 
use, provided such disposition shall be ap- 
proved by the sinking fund commissioners, 
and shall be at public sale, and be provided 
for by ordinance. 

Acts not applicable to grants under this 
chapter. 

Sec. 77. Section 93 of chapter 565 of the laws 
of 1890 and any acts amendatory or supple- 
mental thereto, shall have no application to 
grants made under and pursuant to this title. 

TITLE 2. 

GRANTS OF LANDS AND FRAN- 
CHISES TO CITY IN AID OF COM- 
MERCE. 

Grants of lands under water. 

Sec. 83. To the end that the city of New 
York, as herein constituted, may be enabled 
to make needful provisions for the navigation, 
intercourse and commerce of the city and ade- 
quately to develop and secure the same now 
and in the future, the said city shall have the 
control, as herein and in this act provided, of 
the water front of the entire city, subject, how- 
ever, to the rights of private owners of proper- 
ty, and also power to establish, construct, ac- 
quire, own, maintain and enjoy all ferries, 
public wharves, docks, piers, bulkheads, ba- 
sins, slips, streets, approaches and spaces, and 
all other public structures, adjuncts and facil- 
ities necessary or proper for the navigation, 
intercourse and commerce, foreign and domes- 
tic, of the city. To these ends, in addition to 
all other grants, there is hereby granted in 
fee to the said city of New York, as herein 
constituted, in all the public streams, rivers, 
sounds, bays and waters of all descriptions at 
any and all places within said city or adjoin- 
ing the limits of said city as herein constitut- 
ed, all and singular the property, estate, right, 
title and interest of the people of the state of 
New York, in, to, of and concerning such lands 
and soil covered by water, as are embraced 
within the projected boundary lines of any 
street intersecting the shore line, and which 
street is in public use or which may be here- 
after opened for public use, extending from 


high water mark out into said streams, rivers, 
sounds, bays and waters so far (any limits in 
existing grants to the contrary) as the said 
city shall now or at any time hereafter in the 
opinion of its municipal assembly, or depart- 
ment of docks and ferries require the same for 
ferries, public wharves, docks, piers, bulk- 
heads, basins, slips or other public structures, 
adjuncts and facilities for navigation and com- 
merce, including the right for such purposes 
to reclaim such lands from said waters, and 
including also all riparian rights, and all 
rents, issues and profits of the premises here- 
in granted. The commissioners of the land 
office shall from time to time convey or patent 
the lands herein granted to the city for said 
purposes as and whenever required by the 
board of docks. 

Property and franchises inalienable. 

Sec. 84. The property franchises and rights 
hereby granted and the works and structures 
hereby authorized are not the subject of sale, 
but shall be held by the city in perpetuity. 
But this shall not prevent the city from leas- 
ing the same for limited periods of time, in 
the same manner as it leases other like prop- 
erty. 

°rivate rights protected. 

Sec. 85. This grant shall not impair or af- 
fect any existing valid private rights, or the 
existing riparian rights of owners of pri- 
vate property, or the lawful rights of private 
owners of docks, piers and other structures in 
the said city or any part thereof. 

Patenting of lands under water by commission 

ers of the land office. 

Sec. 86. After the approval of this act no 
patent of soil or land under water within the 
city of New York, as herein constitut- 
ed, shall be made except to the city 
of New York or to the riparian proprietor. 
If the board of docks with the approval of the 
municipal assembly by ordinance, shall pro- 
ject a plan or plans for the construction of 
docks between street intersections as afore- 
said, and desire a grant of land under water 
for that purpose, they shall make application 
therefor to the commissioners of the land 
office, who thereupon shall give notive to the 
riparian proprietor before taking action in 
the matter and shall make such grant to the 
city for the purposes specified in section 83. 
Such grant, however, shall be subject to all 
the rights of the riparian proprietor, and be- 
fore the city shall construct such public 
wharves or other structures in front of the 
land of such riparian proprietor, the city shall 
make just compensation to such proprietor for 
the value of all the riparian rights. If the 
commissioners shall make a grant to the 
riparian proprietor, it shall be confined to 
soil or land under water in front of the 
land of such riparian proprietor. If applica- 
tion be made to the commissioners of the land 
office by the riparian proprietor for a grant 
of soil or land under water within the city of 
New York, as herein constituted, said commis- 
sioners shall give notice thereof to the board 
of docks of the city, which shall examine into 
such application and determine whether the 
granting of the same will conflict with the 
rights of the city under this act or be other- 
wise injurious to the public interests of the 
said city, and shall report their conclusions to 
said commissioners, who shall insert such 
terms and conditions in the grant recommend- 
ed by the board of docks as will protect the 
public interests of the city in respect to navi- 
gation and commerce. The validity of any such 
grant or patent may be judicially determined 


in an action brought by and in the name of 
the city. 

Power of municipal assembly. 

Sec. 87. The municipal assembly may from 
time to time pass appropriate ordinances to 
carry, the provisions hereof into effect, not in- 
consistent with law or this act. 

Repealing provision. 

Sec. 88. All acts and parts of acts, so far 
as the same are inconsistent with this act 
are hereby repealed. 

CHAPTER IV. 

THE EXECUTIVE. 

Mayor: executive power in and election of: 

salary. 

Sec. 94. The executive power of the city of 
New York, as constituted by this act, shall be 
vested in the mayor and the officers of the 
departments. The mayor shall be the chief 
executive officer of the city; he shall be 
elected at the general election in the year 
1897, and every four years thereafter, and 
shall hold his office for the term of four 
years commencing at noon on the first day of 
January after his election. He shall be in- 
eligible for the next term after the termina- 
tion of his office. The salary of the mayor 
shall be fifteen thousand dollars a year. 

Mayor's power of removal. 

Sec. 95. At any time within six months 
after the commencement of his term of office 
the mayor, elected for a full term, may, when- 
ever in his judgment the public interests 
shall so require, remove from office any pub- 
lic officer holding office by appointment from 
the mayor, except members of boards of edu- 
cation and school boards, and except also 
judicial officers, for whose removal other pro- 
vision is made by the constitution. After 
the expiration of said period of six months 
any such public officer may be removed by the 
mayor for cause upon charges preferred 
and after opportunity to be heard, sub- 
ject, however, before such removal shall 
take effect to the approval of the governor ex- 
pressed in writing. 

Administrative departments. 

Sec. 96. There shall be the following admin- 
istrative departments in said city: 

Department of finance. 

Law department. 

Police department. 

Represented in the board of public improve- 
ments : 

1. Department of water supply. 

2. Department of highways. 

3. Department of street cleaning. 

4. Department of sewers. 

5. Department of public buildings, Ijglutp 
ing and supplies. 

6. Department of bridges. 

Department of parks. 

Department of buildings. 

Department of public charities. 

Department of correction. 

Fire department. 

Department of docks and ferries. 

Department of taxes and assessments. 

Department of education. 

Department of health. 

Department of finance; controller. 

Sec. 97. The head of the department of 
finance shall be called the controller of the 
city of New York. He shall be elected at the 
general election in the year 1897, and every 
four years thereafter, and shall hold his office 
for the term of four years* commencing at 


18 


THE CHARTER FOR THE GREATER NEW YORK. 


soon on the first day of January after his 
election. 

The controller may be removed from office 
by the governor in the same manner as sher- 
iffs, except that the governor may direct the 
inquiry required by law, to be conducted by 
the attorney general, and after charges have 
been received by the governor, he may, pend- 
ing the investigation, suspend the controller 
for a period not exceeding thirty days. In 
case of a vacancy in the office of controller it 
shall be filled by the mayor, and the person 
appointed to fill such vacancy shall hold office 
until noon of the first day of January suc- 
ceeding the election at which a successor shall 
be elected. At the next general election at 
which municipal officers shall be elected, 
which shall take place more than thirty days 
after the occurrence of a vacancy in the office 
of controller, a successor shall be chosen who 
shall hold office for the remainder of the un- 
explred term. 

Law department; corporation counsel. 

Sec. 98. The head of the law department 
shall be called the corporation counsel, and 
shall, unless sooner removed, hold his office 
for four years and until his successor shall 
be appointed and has qualified. 

Police department, police board. 

Sec. 99. The head of the police department 
shall be called the police board. Said board 
shall consist of four members to be known as 
police commissioners of the city of New 
York, who shall, unless sooner removed, re- 
spectively hold their offices for four years 
and until their successors shall respectively 
be appointed and have qualified, except that 
the commissioners first appointed shall, unless 
sooner removed, hold office for one, two, 
three and four years respectively, as desig- 
nated by the mayor. 

Board of public improvements and departments 
represented therein. 

Sec. 100. The head of the board of public 
improvements shall be the president of said 
board. He shall be appointed by the mayor 
and shall, unless sooner removed, hold his 
office for six years and until his successor 
shall be appointed and has qualified. 

1. The head of the department of water 
supply shall be called the commissioner of 
water supply. He shall be appointed by 
the mayor, and shall, unless sooner re- 
moved, hold his office for six years and un- 
til his successor shall be appointed and has 
qualified. 

2. The head of the department of high- 
ways shall be called the commissioner of 
highways. He shall be appointed by the 
mayor, and shall, unless sooner removed, 
hold his office for six years and until his 
successor shall be appointed and has quali- 
fied. 

3. The head of the department of street 
cleaning shall be called the commissioner of 
street cleaning. He shall be appointed by 
the mayor, and shall, unless sooner re- 
moved, hold his office for six years and un- 
til his successor shall be appointed and has 
qualified 

4. The head of the department of sewers 
shall be called the commissioner of sewers. 
He shall be appointed by the mayor, and 
shall, unless sooner removed, hold his office 
for six years and until his successor shall 
be appointed and has qualified. 

5. The head of the department of public 
buildings, lighting and supplies shall be 
called the commissioner of public buildings, 
lighting and supplies. He shall be appoint- 
ed by the mayor* and shall, unless sooner 
removed, hold his office for six years and 


until his successor shall be appointed and 
has qualified. 

6. The head of the department of bridges 
shall be called the commissioner of bridges. 
He shall be, appointed by the mayor, and 
shall, unless sooner removed, hold his of- 
fice for six years and until his successor 
shall be appointed and has qualified. 

Department of parks; park board. 

Sec. 101. The head of the department of 
parks shall be called the park board. Said 
board shall consist of three members who 
shall be known as commissioners of parks. 
They shall be appointed by the mayor, and 
shall, unless sooner removed, respectively 
hold their offices for six years and until their 
successors shall respectively be appointed and 
have qualified, except that the commissioners 
first appointed shall, unless sooner removed, 
hold office for two, four and six years, respec- 
tively, as designated by the mayor. 

Department of buildings. 

Sec. 102. The head of the department of 
buildings shall be called the board of build- 
ings. Said board shall consist of three mem- 
bers to be known as commissioners of build- 
ings. They shall be appointed by the mayor, 
and shall, unless sooner removed, hold their 
respective offices for the term of six years, and 
until their successors shall respectively be ap- 
pointed and have qualified, except that the 
commissioners first appointed shall, unless 
soner removed, hold office for two, four and 
six years respectively, as designated by the 
mayor. 

Department of public charities; board of public 
charities. 

Sec. 103. The head of the department of 
public charities shall be called the board of 
public charities. Said board shall consist of 
three members to be known as commissioners 
of public charities of the City of New York. 
They shall be appointed by the mayor and 
shall, unless sooner removed, respectively hold 
their offices for six years, and until their suc- 
cessors shall respectively be appointed and 
have qualified, except that the commissioners 
first appointed shall, unless sooner removed, 
hold office for two, four and six years, respect- 
ively, as designated by the mayor. 

Department of correction; commissioner of. 

Sec. 104. The head of the department of 
correction shall be called the commissioner of 
correction. He shall be appointed by the 
mayor, and shall, unless sooner removed, hold 
his office for six years, and until his successor 
shall be appointed and has qualified. 

Fire department; the fire commissioner. 

Sec. 105. The head of the fire department 
shall be called the fire commissioner. He 
shall be appointed by the mayor, and shall, 
unless sooner removed, hold office for six years, 
and until his successor shall be appointed and 
has qualified. 

Department of docks and ferries; board of 
docks. 

Sec. 106. The head of the department of 
docks and ferries shall be called the board of 
docks. Said board shall consist of three mem- 
bers who shall be known as commis- 
sioners of docks and who shall, unless 
sooner removed, hold their respective 
offices for six years, and until their suc- 
cessors shall respectively be appointed and 
have qualified, except that the commissioners 
first appointed shall, unless sooner removed. 

l 


hold office for two, four and six years, re- j 
spectively, as designated by the mayor. 

Department of taxes and assessments; board 
of taxes and assessments. 

Sec. 107. The head of the department of 
taxes and assessments shall be called the 
board of taxes and assessments. Said board 
shall consist of a president, who shall be so 
designated in his appointment, and four 
other members, one of whom at least shall be 
a person learned In the law, who shall be 
called commissioners of taxes and assessments. 
The president, unless sooner removed, shall 
hold his office for the term of six years, and 
until his successor shall be appointed and 
has qualified. The other commissioners shall, 
unless sooner removed, hold their respective 
offices for the term of four years. The com- 
missioners first appointed under this act shall, 
unless sooner removed, hold office by designa- 
tion of the mayor for terms of one, two, three 
and four years respectively. The commis- 
sioners thereafter appointed shall, unless soon- 
er removed, hold office for the term of four 
years, and until their successors shall re- 
spectively be appointed and have qualified. 

Department of education. 

Sec. 10$. The head of the department of 
education shall be called the board of educa- 
tion. Said board shall consist of nineteen 
members, and shall be composed as follows: 
Of the chairman of the school board of the 
boroughs of Manhattan and the Bronx, 
and ten other members elected by said 
school board; of the chairman of the school 
board of the borough of Brooklyn and five 
other members elected by said school board 
and of the chairman of the school boards of 
the boroughs of Queens and Richmond, re- 
spectively. The members of said board of 
education shall hold office for one year, and 
until their successors shall respectively be 
chosen and have qualified. 

Department of health; board of health. 

Sec. 109. The head of the department of 
health shall be called the board of health. 
Said board shall consist of the president of 
the police board, the health officer of the port, 
and three officers appointed by the mayor, to 
be called health commissioners, two of whom 
shall have been practicing physicians for not 
less than ten years preceding their respective 
appointments. The health commissioner, 

who is not a physician, shall be the president 
of the board and shall be so designated in his 
appointment. The health commissioners 

shall, unless sooner removed, respectively 
hold their offices for six years and until their 
successors shall respectively be appointed 
and have qualified, except that the commis- 
sioners first appointed shall, unless sooner 
removed, hold office for two, four and six 
years, respectively, as designated by the 
mayor. 

CHAPTER V- 

THE MAYOR, 

Mayor; duties of. 

Section 115. It shall be the duty of the 
mayor: 

1. To communicate to the municipal as- 
sembly, at least once in each year, a general 
statement of the finances, government, and 
improvements of the ci'ty. 

2. To recommend to the municipal as- 
sembly all such measures as he shall deem 
expedient. 

3. To keep himself informed of the doings 
cif the several departments. 

4. To be vigilant and active in causing 
the ordinances of the city, and laws of the 


v 


THE CHARTER FOR THE GREATER NEW YORK. 


19 


Gtate to be executed and enforced, and for 
that purpose he may call together for con- 
sultation and co-operation any or all of the 
heads of departments. 

5. And generally to perform all such du- 
ties as may be prescribed for him by 
this act, the city ordinances and the laws of 
the state. 

Id.; a magistrate. 

Sec. 116. The mayor is a magistrate. 

Id.; may appoint clerks, etc. 

See. 117. The mayor may appoint such 
i clerks and subordinates as he may require 
to aid him in the discharge of his official du- 
ties, and shall render to the municipal as- 
I sombly, every three montbs, an account of 
the expenses and receipts of his office, and 
therein shall state, in detail, the amounts 
paid and agreed to be paid by him, for sal- 
aries to such clerks and subordinates re- 
spectively, and the general nature of their 
duties, which account and report shall be pub- 
lished in the City Record. The aggregate ex- 
penses incurred by hiim for such purposes 
shall not exceed, in any one year, the sum ap- 
propriated therefor. 

Id.; to appoint heads of departments; terms of 
latter. 

Sec. 118. The mayor shall appoint the heads 
of departments and all commissioners, except 
as otherwise provided In this act. He shall 
also appoint all members of any board or 
commission authorized to superintend the 
erection or repair of any building belonging 
to or to be paid for by the city, whether 
named In any law or appointed by any local 
authority, and also a commissioner of jurors 
for the boroughs of Manhattan and the Bronx, 
inspectors of weights and measures, and as 
many sealers of weights and measures as may 
by ordinance be prescribed, and also the 
members of any other local board and all 
other officers not elected by the people, whose 
appointment is not excepted or Otherwise pro- 
vided for. Every head of department and 
person in this section named shall, subject to 
the power of removal herein provided, hold 
his office for such term as is provided by this 
act or otherwise, and in each case until a per- 
son is duly appointed and has qualified in his 
place. The terms of office of all such heads of 
departments and persons, shall, as to those 
first appointed, commence at noon on the first 
day of January, 1898, and thereafter at noon 
on the first day of January, in the year in 
which the terms of office of their predecessors 
expire, except that any person who shall be 
appointed in pursuance of this section to 
fill any vacancy shall hold his office for the 
unexpired term of his predecessor. 

Id.; to appoint commissioners of accounts. 

Sec. 119. The mayor shall appoint and re- 
move at pleasure two persons who shall be 
commissioners of accounts. It shall be their 
duty once in three months to make an exam- 
ination of the receipts and disbursements in 
the offices of the controller and chamberlain, 
in connection with those of all the depart- 
ments and officers making returns thereto, and 
report to the mayor a detailed and classified 
statement of the financial condition of the 
city as shown by such examinations. They 
shall also make such special examinations 
of the accounts and methods of the depart- 
ments and offices of the city and of the coun- 
ties of New York, Richmond and Kings as 
the mayor may from time to time direct, and 
such other examinations as the said commis- 
sioners may deem for the best interests of 
the city, and report to the mayor and munici- 
pal assembly the results thereof. For the pur- 
pose of ascertaining facts in connection with 


these examinations they shall have full 
power to compel the attendance of witnesses, 
to administer oaths and to examine such per- 
sons as they may deem necessary. Such com- 
missioners shall each be paid the sum of five 
thousand dollars a year. The board of esti- 
mate and apportionment and the municipal 
assembly shall annually appropriate a sum 
sufficient to pay the salaries of said commis- 
sioners, and in the discretion of said board and 
municipal assembly a sum sufficient to enable 
them to employ the necessary assistance to 
carry on the provisions of this act. 

Id.; proclamation as to holding courts in case of 
pestilence, etc. 

Sec. 120. The mayor, or, in case of his ab- 
sence or other disability, the president of the 
council, by proclamation, may direct that the 
next ensuing term of any court, other than 
the court of appeals, appointed to be held in 
that city shall be held In any building within 
the aity of New York, other than the building 
where the same is regularly to be held, if, in 
his opinion, war, pestilence or other public 
calamity, or the danger thereof, or the de- 
struction or injury of the building, or the want 
of suitable accommodation, renders it neces- 
sary that some other place be selected. The 
proclamation must be published in two or more 
daily newspapers, published in the oity of New 
York. 

Id.; police power as to pawnbrokers. 

Sec. 121. The mayor shall possess the power 
conferred upon the chief, deputy chiefs, in- 
spectors and captains of police by section 317 
of this act. 

Id.; removal by governor. 

Section 122. The mayor may be removed 
from office by the governor in the same man- 
ner as sheriffs, except that the governor may 
direct the inquiry provided by law to be con- 
ducted by the attorney general; and after the 
charges have been received by the governor 
he may, pending the investigation, suspend 
the mayor for a period not exceeding thirty 
days. 

Municipal civil service: mayor to appoint com- 
missioners. 

Sec. 123. The mayor shall appoint three or 
more suitable persons as commissioners to 
prescribe and amend, subject to his approval, 
and to enforce regulations for appointments 
to, and promotions in, the civil serv- 
ice thereof, and for classifications and 
examinations therein, and for the reg- 
istration and selection of laborers for 
employment therein, in pursuance of the con- 
stitution of this state. Said commissioners 
shall receive no compensation. 

Regulations. 

Sec. 124. Such regulations shall, among 
other things, provide 

1. For the classification of the offices, 
places and employments in the civil serv- 
ice of the said city. 

2. For examinations, whenever practica- 
ble, to ascertain the fitness of applicants 
for appointment to the civil service of said 
city. 

All examinations shall be public. No 
question In any examination under the rules 
established as aforesaid shall relate to po- 
litical or religious opinions or affiliations, 
and no appointment or selection to or re- 
moval from an office or employment within 
the scope of the rules established as afore- 
said, shall be in any manner affected or in- 
fluenced by such opinions or affiliations. 
Such examinations shall be practical in 


their character and shall relate to those 
matters which will fairly test the relative 
capacity and fitness of the persons examined 
to discharge the duties of the position to 
which they seek to be appointed. Such ex- 
aminations, save in the case of applicants 
for employment as laborers, shall be open, 
competitive examinations, except where, 
after due efforts by previous public adver- 
tisement or other effort in case of extraor- 
dinary emergency, competition is found not 
to be practicable. The examination of ap- 
plicants for employment as laborers shall 
relate to their capacity for labor, their 
habits as to Industry and sobriety, and the 
number of persons dependent upon them 
for support. 

3. For the filling of vacancies in the of- 
fices, places and employments in the pub- 
lic service which are subject to competitive 
examination by selection from among those 
graded highest as the result of such ex- 
amination, provided, however, that soldiers 
and sailors honorably discharged from the 
army and navy of the United States in the 
late civil war, who are citizens and resi- 
dents of this state, shall be entitled to pref- 
erence In appointment and promotion from 
any list from which an appointment or 
promotion is to be made, without regard ta 
their standing on such list. 

4. For a period of probation before an ap- 
pointment or employment is made per- 
manent. 

5. For promotions in office on the basis 
of ascertained merit and seniority in serv- 
ice, and upon such examination as may b« 
for the good of the public service. 

Authority and duty of commissioners. 

Sec. 125. The persons so appointed or em» 
ployed shall be known as municipal civil 
service commissioners, and within the amount 
appropriated therefor they shall have au- 
thority to employ a secretary, examiners 
and such other subordinates as may be nec- 
essary. It shall be the duty of such persons 
to make reports from time to time to the 
state civil service commission, whenever said 
commission may request, of the manner in 
which the civil service law, and the rules 
and regulations thereunder, have been and 
are administered, and the results of their ad- 
ministration in such city, and of such other 
matters as said commission may require, and 
annually on or before the tenth day of Janu- 
ary to make such a report to said commis- 
sion, and it shall be the duty of said state 
commission in its annual report to set out 
either these reports, or a sufficient abstract 
or summary thereof, to give full and clear 
information as to their contents. 

It shall be the duty of all persons in the 
official service of said city to conform to 
and comply with said regulations, and any 
modifications thereof made pursuant to the 
authority of this section or said rules, and to 
aid and facilitate in all reasonable and proper 
ways.-the enforcement of said regulations and 
rules and any modifications thereof, and the 
holding of all examinations which may be 
required under the authority of this section 
or said rules. Until the appointment of a 
municipal civil service commission under this 
act in said city the municipal civil service com- 
missioners now in existence in any part of the 
territory of said city shall continue in office, 
and the civil service rules now in force 
therein shall continue to be in force until 
the adoption of new rules hereunder. The au- 
thority by this section conferred shall not be 
sc exercised as to take from any policeman 
or fireman any right or benefit now conferred 
by law' or by this act, or existing under any 
lawful regulation of the department in which 


20 


THE CHARTER FOR THE GREATER NEW YORK. 


he serves. Proper provisions shall be made 
in the annual budget for all the expenses of 
the municipal civil service commissioners. 

Warrants for payment of salary; when not to 

be issued. 

Bee. 126. Any officer of said city whose duty 
it is to sign or countersign -warrants, shall 
not draw, sign or issue, or authorize the 
drawing, signing or issuing of any warrant 
on the chamberlain or other disbursing offi- 
cer of the city for the payment of salary 
to any person in its service whose appoint- 
ment has not been made in pursuance of this 
chapter and the rules in force thereunder, 
provided, however, that this section shall not 
apply to persons now in office who are by 
this act continued in office, or transferred 
in service. 

Veterans. 

Sec. 127. All veterans either of the army or 
navy or the volunteer fire departments, now 
in the service of either of the municipal and 
pulblic corporations hereby consolidated, who 
are now entitled by law to serve during good 
behavior, or who cannot under existing law' 
be removed except for cause, shall, so far as 
is consistent with economy and with the 
needs and requirements of the service, be 
retained in like positions and under the same 
conditions by the corporation constituted by 
this act, to serve under such titles and in 
such way as the head of the appropriate de- 
partment or the mayor may direct. 

Bureau of municipal statistics. 

Sec. 12S. There shall be a bureau of mu- 
nicipal statistics of the city of New York 
for the purpose of collecting, keeping and 
publishing, as hereinafter or otherwise pro- 
vided by law, such statistical data relating 
to the city, as shall be deemed of utility or 
interest to the city government or its citi- 
zens. 

Bureau; how constituted. 

Sec. 129. The bureau of municipal statistics 
shall consist of a chief of the bureau of 
municipal statistics, of a municipal statistical 
commission, and of such assistants to the 
chief of the bureau, as may be found neces- 
sary for properjy carrying on the work of the 
bureau. 

Chief of bureau to be appointed by the mayor. 

Sec. 130. The chief of the bureau of munic- 
ipal statistics shall be appointed by the mayor 
for a term of four years, and shall, unless 
sooner removed, hold office until his succes- 
sor shall be appointed and have duly 
qualified. He shall be ex-officio a mem- 
ber and the chairman of the municipal statis- 
tical commission. 

Municipal statistical commission; how con- 
stituted. 

Sec. 111. The municipal statistical commis- 
sion shall consist of not less than three, nor 
more than six members, exclusive of the 
chief of the bureau of municipal statistics. 
Such members shall be appointed by the 
mayor and shall be residents of the city. They 
shall be appointed w'ith special reference to 
their qualifications to give expert advice upon 
s tat. istiioal subject?. Their term of ’ office 
shall be six years; but the members of the 
commission first appointed shall by lot di- 
vide themselves into three classes, so that 
one-third shall retire at the end of two years, 
one-third at the end of four years and one- 
third at the end of six years. The successors 
to such original commissioners shall be ap- 
pointed for the term of six years. 

Meetings of commission; quorum. 

Sec. 132. The municipal statistical commis- 
sion. shall meet at such times as may be con- 


venient, but at least once in each month. A 
majority of the commission shall constitute 
a quorum for the transaction of business. 

Place of meeting. 

Sec. 133. It shall be the duty of the board 
of estimate and apportionment to provide 
suitable offices, furniture and appliances for 
the use of the bureau of municipal statistics. 

Compensation of chief of bureau and his as- 
sistants, and of the commission. 

Sec. 134. The chief of the bureau of munici- 
pal statistics shall receive an annual salary 
of $3,500. He shall appoint his assistants, and 
shall fix their salaries with the approval of 
the board of estimate and apportionment. The 
members of the municipal statistical commis- 
sion shall receive no compensation. 

Powers and duties of the commission. 

Sec. 135. The municipal statistical commis- 
sion shall make such rules and by-laws as 
may be necessary for the regulation of the 
bureau of municipal statistics not in conflict 
with this act, or with any law of this state or 
of the United States, and shall direct the gen- 
eral work of the bureau of municipal statis- 
tics. The commission shall devise and carry 
out plans for the collection and publication 
by the bureau of municipal statistics of such 
statistical data relating to the City of New 
York as it may deem advisable to publish. The 
head of each department of the city shall, 
upon a request from the commission made 
through the mayor, and approved by him, 
transmit to the chief of the bureau of munici- 
pal statistics for use by the commission, upon 
such blanks as may be provided, or in such 
other manner as may be deemed convenient 
by the commission, such statistical data re- 
lating to the work of such department as the 
commission may call for. 

Powers and duties of chief of bureau. 

Sec. 136. The chief of the bureau of munici- 
pal statistics shall have charge of the execu- 
tion of the plans outlined by the statistical 
commission, and shall, under the direction of 
the commission, attend to the collection, tabu- 
lation and publication of reports directed to 
be published by the commission. 

Publication of statistics. 

Sec. 137. The bureau of municipal statis- 
tics shall publish annually, with the approval 
ctf the board of estimate and apportionment, 
a volume to be known as the “Municipal Sta- 
tistics of the City of New York for the 
year In this volume the statistical 

coimmission shall publish, in so far as it may 
deem advisable, the results attending the 
work of 'the various departments of the city 
government for the preceding calendar year, 
and such other statistical information and 
facts relating to the city of New York or i ts 
inhabitants as it may deem of general public 
interest. Such publication shall contain sta- 
tistics relating to births, marriages, deaths; 
bo the sanitary condition of the city; to the 
supervision of the water supply, parks, 
streets, pavements, sewers and buildings of 
the city; to the occurrence of fires; to the 
administration cf charities and corrections; 
to the administration of the police depart- 
ment; to the judiciary and its various de- 
partments and branches; to crime; to the 
business and proceedings of the criminal 
courts and officers of the city; to the opera- 
tion of the license laws; to the children at- 
tending school, and to the public schools, to 
the work of the department cf education, and 
to the population of the city of school age; 
to franchises granted to corporations, and 


whether they shall have been put in use or 
not; to municipal revenues and expenditures; 
to the administration of the various city de- 
partments having charge cf the expenditure 
of city moneys; to the administration of the 
tax department, and bo the wealth and indebt- 
edness of the city; and also a general state- 
ment of the legislative enactments relating 
to the government cf the city of New York. 

Limitation of expense of maintaining the bu- 
reau of municipal statistics. 

Sec. 138. The expenses of such publications 
and all other expenses of the bureau of mu- 
nicipal statistics, shall be included in the an- 
nual budget. The total expense of maintain- 
ing the bureau of municipal statistics, includ- 
ing salaries, shall not exceed in any one year 
the sum of ten thousand dollars, unless oth- 
erwise provided by the board of estimate and 
apportionment and the municipal assembly. 

CHAPTER VI. 

DEPARTMENT OF FINANCE, 

Title 1. The Controller. 

Title 2. The Bonds and Obligations of the 
City. 

Title 3. The Chamberlain. 

Title 4. The Sinking Funds. 

Title 5. Appropriations and the Board of 
Estimate and Apportionment. 

Title 6. Levying Taxes. 

TITLE I. 

THE CONTROLLER. 

General duties; settlement of claims. Assent 
to certain contracts required. Election. 
Salary. 

Sec. 149. Thef finance department shall have 
control of the fiscal concerns of the corpora- 
tion. . All accounts rendered to or kept in the 
other departments shall be subject to the in- 
spection and revision of the officers of this de- 
partment. It shall prescribe the forms of 
keeping and rendering all city accounts, and, 
except as herein otherwise provided, the man- 
ner in which all salaries shall be drawn, and 
the mode by which all creditors, officers and 
employes of the corporation shall be paid. All 
payments by or on behalf of the corporation, 
except as otherwise specially provided, shall 
be made through the proper disbursing offi- 
cer of the department of finance, on vouchers 
to be filed in said department, by means of 
warrants drawn on the chamberlain by the 
controller, and countersigned by the mayor. 
The controller may require any person pre- 
senting for settlement an account or claim 
for any cause whatever, against the corpora- 
tion, to be sworn before him touching such 
account or claim, and when so sworn, to an- 
swer orally as to any facts relative to the 
justness of such account or claim. Wilful 
false swearing before him is perjury, and 
punishable as such. He shall settle and ad- 
just all claims in favor of or against the cor- 
poration, and all accounts in which the cor- 
poration is concerned as debtor or creditor; 
but in adjusting and settling such claims, he 
shall, as far as practicable, be governed by 
the rules of law and principles of equity 
which prevail in courts of justice. The power 
hereby given to settle and adjust such claims 
shall not be construed to give such settlement 
and adjustment the binding effect of a 
judgment or decree, nor to authorize the 
controller to dispute the amount of any salary 
established by or under the authority of any 
officer or department authorized to establish 
the same, nor to question the due perform- 
ance of his duties by such officer, except when 
necessary to prevent fraud. The controller 
shall not reduce the rate of interest upon. 


THE CHARTER FOR THE GREATER NEW YORK. 


21 


any taxes or assessments below the amount 
fixed by law. No contracts hereafter made, 
the expense of the execution of which is not 
by law or ordinance, in whole or in part, to 
be paid by assessments upon the property 
benefited, shall be binding or of any force, un- 
less the controller shall indorse thereon his 
certificate that there remains unexpended 
and unapplied, as herein provided, a balance 
of the appropriation or fund applicable there- 
to, sufficient to pay the estimated expense of 
executing such contract, as certified by the 
officer making the same. But this provision 
shall not apply to work done, or supplies fur- 
[ nished, not involving the expenditure of more 
' than one thousand dollars, unless the same 
( is required by law to be done by contract at 
! public letting. It shall be the duty of the 
controller to make such indorsement upon 
every such contract so presented to him, if 
there remains unapplied and unexpended such 
amount so specified by the officer making the 
contract, and to thereafter hold and retain 
such sum to pay the expense in- 
curred until the said contract shall be 
fully performed. And such indorsement 
shall be sufficient evidence of such appropria- 
tion o<r fund in any action. The controller 
shall furnish to each head of department, 
weekly, a statement of the unexpended bal- 
ances of the appropriation for his department. 
Wages and salaries, except as otherwise pro- 
vided in this act, may be paid upon pay rolls, 
upon which each person named thereon shall 
separately receipt for the amount paid to such 
person, and in every case of payment upon a 
pay roll the warrant for the aggregate amount 
of wages and salaries included therein may be 
made payable to the superintendent, foreman 
or other officer designated for the purpose. 
The controller shall enter into, upon behalf 
of the city of New York, any lease authorized 
by the commissioners of the sinking fund 
of property leased to the city. The assent of 
the controller shall be necessary to all agree- 
ments hereafter entered into by any city offi- 
cer or department for the acquisition by pur- 
chase of any real estate or easement therein, 
when such an agreement involves an obliga- 
tion to pay or an expenditure of any money on 
behalf of the city, and in any proceedings that 
may hereafter be had to acquire real estate or 
hereditaments for or on behalf of the corpora- 
tion'of the city of New York, before an award 
shall be confirmed, imposing an obligation up- 
on the city to pay any moneys, the controller 
shall have thirty days’ notice in writing, stat- 
ing before whom and at what time such pro- 
ceeding will take place. The controller of the 
city of New York shall be elected and shall 
hold office as provided in this act, and he shall 
receive an annual salary /if $10,000. 

To appoint deputy controller. 

Sec. 150. The controller shall appoint, and 
for cause to be stated in writing and published 
in the City Record, at pleasure remove, a dep- 
uty controller. The said deputy controller 
shall, in addition to his other powers, possess 
every power ana perform all and every duty 
belonging to the office of controller, whenever 
the said controller shall, for reasons to be 
stated to the mayor in writing by due written 
authority, and during a period of time not ex- 
tending beyond three months, nor beyond his 
term of office, and to be specified in such au- 
thority, designate and authorize the said dep- 
uty controller to possess the power and per- 
form the duty aforesaid, and such designation 
and authority shall be duly filed in and re- 
main of record in the department of finance 
and in the mayor’s office. The said deputy con- 
troller shall possess the like authority In case 
of the disability of the controller, upon the 
like designation of the mayor, which shall be 


filed and remain of record as aforesaid; but 
such authority, derived from a designation 
from the controller or the mayor, may at any 
time be terminated in the same manner as it 
was created. 

Bureaus of the finance department. 

Sec. 151. There shall be five bureaus in 
this department. 

1. A bureau for the collection of revenue 
accruing from rents. and interests on bonds 
and mortgages, and revenue arising from the 
use or sale of property belonging to or man- 
aged by the city, and the management of 
the markets, the stalls or stands in which 
shall be rented on permits, to be issued 
by the controller, all of such permits here- 
tofore or to be hereafter issued to be re- 
vocable by the controller for good and 
sufficient cause, and not otherwise, which 
shall be known as the bureau for the col- 
lection of city revenue and of markets. The 
chief officer of such .bureau shall be called 
the collector of city revenue and the su- 
perintendent of markets. 

2. A bureau for the collection of taxes, 
the chief officer of which shall be called the 
receiver of taxes. He shall receive a sal- 
ary at the rate of $5,000 per annum. 

3. A bureau for the collection of assess- 
ments, and of such taxes, assessments and 
water rents as are in arrears, the chief offi- 
cer of which shall be called the collector 
of assessments and arrears. He shall re- 
ceive a salary at the rate of $4,000 per 
annum. 

4. An auditing bureau, which under the 
supervision of the controller shall audit, 
revise and settle all accounts in which the 
city is concerned, as debtor or creditor, and 
the chief officers whereof shall be called 
auditors of accounts, to be appointed or re- 
moved, as shall be also deputy auditors, at 
the pleasure of the controller. The num- 
ber of said auditors and deputy auditors, 
as well as their salaries, shall be such 
as the controller shall from time to time 
fix and determine. During the absence of 
either or any or all of said auditors of ac- 
counts, from illness or other cause, said 
deputy auditors or any qr either of them 
shall, when and to the extent he or they 
may be authorized so to do in writing by the 
controller, perform the duties and exercise 
the powers of either or of any or of ail 
of the said auditors of accounts. The said 
auditing bureau shall keep an account of 
each claim for and against the corporation, 
and of the sums allowed upon each, and 
certify the same to the controller, with the 
reasons for the allowance. The controller 
may detail any of such auditors and deputy 
auditors as he may deem proper to the bor- 
ough hall of the borough of Brooklyn, to 
the borough’ hall of the borough of the 
Bronx, to the borough hall of the borough 
of Queens and to the borough hall of the 
borough of Richmond, in addition to such 
as may be in the chief office of the con- 
troller in the borough of Manhattan. All 
such accounts arising from local improve- 
ments within the borough of Brooklyn may 
be audited, revised and settled by the audi- 
tor or the auditors of accounts so detailed 
as aforesaid by the controller in the borough 
hall of the borough of Brooklyn. All such 
accounts arising from local improvements 
within the borough of Queens may be 
audited, revised and settled by the auditor 
or auditors of accounts so detailed as afore- 
said by the controller in the borough hall 
of the borough of Queens. All such ac- 
counts arising from local improvements 
within the borough of Richmond may be au- 
dited, revised and settled by the auditor 


or auditors of accounts so detailed as 
aforesaid by the controller in the borough 
hall of the borough of Richmond. And all 
such accounts arising from local improve- 
ments within the boroughs of Manhattan 
and the Bronx may be audited, revised and 
settled by any of the auditors of accounts in 
the chief office of the controller in the bor- 
ough of Manhattan, or, so far as the bor- 
ough of the Bronx is concerned. In 
the office to be located in the bor- 
ough hall of the borough of the 
Bronx, and the auditors of account* 
may have such clerks and assistants, 
examiners, engineers, inspectors and em- 
ployes as the controller may deem neces- 
sary and proper, to be appointed by the 
controller. The number of said appointees, 
and their salaries, shall be fixed and deter- 
mined from time to time by the control- 
ler. 

5. A bureau for the reception and safe 
keeping of all moneys paid into the treas- 
ury of the city, and for the payment of 
money on warrants drawn by the controller 
and countersigned by the mayor, the chief 
officer of which shall be called the cham- 
berlain. 

Appointment and bond of receiver of taxes and 
collector of assessments and arrears. 

Sec. 152. The controller shall appoint the 
receiver of taxes and the collector of assess- 
ments and arrears. The receiver of taxes and 
the collector of assessments and arrears, be- 
fore entering upon the duties of their offices, 
shall each enter into a bond to the city 
of New York to be approved by the 
chamberlain and controller in the pen- 
al sum of twenty-five thousand dollars, which 
bond shall be conditioned for the faithful per- 
formance of the duties of the office by the offi- 
cer giving such bond. Every such bond shall 
be a lien on all the real estate held jointly 
and severally by the said receiver or the said 
collector executing the same, as the case may 
be, or any surety thereto, within any of the 
counties embraced in the city of New York at 
the time of the filing thereof, unless there be 
named and described In or on any such bond 
real estate in one or more of such counties 
equal in value to the amount of said bond and 
owned by a surety, in which case the said 
bond shall be a lien on such real es- 
tate so described and upon all the real estate 
of the said receiver or collector as the case 
may be, and no other, and shall continue to 
be such lien until the condition, together with 
all costs and charges which may accrue by the 
prosecution thereof shall be fully satisfied, 
not to exceed, however, the period of ten 
years after the expiration of the term of the 
officer who has given such bond, unless an ac- 
tion thereon has been commenced and shall 
then be pending. 

Renewal of bond. 

Sec. 153. If at any time during the continu- 
ance in office of the said receiver of taxes 
or of any of the deputy receivers of taxes or 
of the collector of assessments and arrears or 
of any of the deputy collectors of assessments 
and arrears the controller shall deem any 
surety of them or either of them to be in- 
sufficient, he may require the said receiver 
or any deputy receiver or collector or any dep- 
uty collector, to enter into a new bond 
to be approved in like manner as 
herein prescribed, within such time as 
said controller may direct, not being less 
than ten days after requiring such new bond 
to be given; and in case of the neglect or re- 
fusal of any such officer to furnish such bead 


22 


THE CHARTER FOR THE GREATER NEW YORK. 


■within the time so directed, the controller 
may declare his office vacant. 

Accounts of receiver and collector and their 

deputies to be examined. 

Sec. 154. Upon the expiration oif the term 
of office oif 'the receiver of taxes or of any 
deputy receiver or of the collector of assess- 
ments and arrears or of any deputy collector 
and within one year thereafter, it shall he the 
duty of the controller to examine the ac- 
counts of such receiver or collector or depu- 
ty, and if found correct to cause a certificate 
to that effect to be filed with the 'bond of such 
officer, and such certificate so filed shall he a 
full discharge and satisfaction cf the condi- 
tions of such bond and the lien or liens there- 
by created. And if at any time during his 
continuance in office any such receiver, col- 
lector, or deputy receiver, or deputy collect- 
or shall, execute and file with the controller 
a new bond in Che same form and penalty and 
approved as provided in section 152, it shall be 
the duty cf the controller to examine and 
adjust the accounts of such receiver or col- 
lector or deputy, to the date of such filing, 
and, if found correct to cause a certificate to 
that effect to 'be filed with the bond or bonds 
previously filed 'by such officer, and such cer- 
tificates so filed shall be the full discharge 
and satisfaction of the condition c*f such prior 
bond or bonds and of the lien or liens there- 
by created. 

Receiver of taxes and collector of assessments 

and arrears; where to keep offices. 

Sec. 165. The receiver of taxes and the col- 
lector of assessments and arrears shall each 
have his chief office in the borough of Man- 
hattan at such places as shall he, from time 
to time, by ordinance of the municipal as- 
sembly designated for that purpose. Each 
of them shall also have an office in the bo- 
rough of Brooklyn, in the borough of the 
Bronx, in the ‘borough of Queens and in the 
borough of Richmond, at such places in said 
boroughs as shall be designated by the mu- 
nicipal assembly. 

Receivers of taxes and collector of assess- 
ments and arrears may appoint deputies. 

See. 156. The receiver of taxes and the col- 
lector of assessments and arrears may each 
appoint the requisite number of deputy tax 
receivers and of deputy collectors of assess- 
ments and arrears respectively. Each of them 
shall take from each deputy so appointed by 
him a bond, in such penal sum and with such 
sureties as may be approved by him and by 
the controller and chamberlain, which bond 
shall run to the receiver or the collector, as 
the case may be, the city of New York and 
to whom It may concern, and shall be con- 
ditioned for the faithful performance of the 
duties of such deputy. The receiver of taxes, 
and his sureties, shall be liable for the acts 
and defaults of the deputy receivers so ap- 
pointed, and the collector of assessments and 
arrears, and his sureties, shall be liable for 
the acts and defaults of the deputy collectors. 
Each bond taken in pursuance of the provis- 
ions of this section shall be filed with the 
controller. Each deputy receiver of taxes 
shall have all the powers and be subject to all 
the duties of the receiver of taxes in respect 
to the collection and receipt of taxes, and each 
deputy collector of assessments and arrears 
shall have all the powers and be subject to all 
the duties of the collector of assessments and 
arrears, in respect to the collection of assess- 
ments and arrears. The deputy receiver of 
taxes and deputy collectors of assessments and 
arrears shall receive annual salaries to be 
fixed by the controller in his discretion, with- 


in the limits of the appropriation made there- 
for. , 

Where taxes, assessments and arrears due and 

payable. 

Sec. 157. Taxes, assessments and arrears 
due upon property within the borough of Man- 
hattan, shall be payable and receivable ait the 
main offices of the receiver of taxes and of the 
collector of assessments and arrears respect- 
ively, - in said borough. Taxes, assessments 
and arrears due upon property situated in 
every other borough shall be payable at the 
offices of said receiver of taxes or collector of 
assessments and arrears respectively, in the 
borough in which said property is situated. 

Bond of receiver and collector to be filed. 

See. 158. The bonds given by the receiver 
of taxes and the collector of assessments and 
arrears as hereinbefore provided shall be filed 
and remain in the office of the controller, and 
true copies thereof, certified by the con- 
troller, shall he filed in the office of the clerk 
of each of the counties wholly or partly em- 
braced within the city of New York and shall 
be public records. In case a certificate of the 
adjustment of the accounts of any receiver or 
collector be made as hereinbefore provided 
a true copy thereof, certified by the controller, 
shall be filed in each of the offices In which a 
copy of the bond of said receiver or collector 
shall have been filed. 

Assessment lists to be filed. 

Sec. 159. There shall i?e kept in the office of 
the controller a full and complete record, in 
detail, of all lists of assessments confirmed, 
whether by the supreme court or the board of 
revision or the board of assessors, with the 
date of confirmation and the date of entry un- 
der such record, which record shall be open 
to inspection during office hours, and the 
same shall be received as presumptive evi- 
dence of the facts therein contained. An as- 
sessment shall become a lien upon the real es- 
tate affected thereby immediately upon its 
entry in the said record. If any such as- 
sessment list affects property situated In any 
borough other than the borough of Manhat- 
tan a copy of su^ji list shall forthwith be 
transmitted to and filed in the office of the 
collector of assessments and arrears in the 
borough in which is situated the property so 
affected. 

Controller to appoint clerks and assistants. 

Sec. 160. The controller shall appoint as 
many clerks and assistants to the receiver of 
taxes and the collector of assessments and ar- 
rears as may be necessary, and shall desig- 
nate the boroughs in which they shall respect- 
ively perform their duties, and shall, within 
the limits of the appropriation therefor, fix 
their salaries. 

Publication of financial statement. 

Sec. 161. It shall he the duty of the con- 
troller to publish in the City Record and 
corporation newspapers, two months before 
the election of municipal officers, a full and 
detailed statement of the receipts and the 
expenditures of the corporation during the 
two years ending on the first day of the 
month in which said publication is made, 
and the cash balance or surplus; and in every 
such statement the different sources of city 
revenue, and the amount received from each, 
the several appropriations made, the objects 
for which the same were made, and the 
amount of moneys expended under each, the 
money borrowed on the credit of the corpo- 
ration, the authority under which each loan 
was made, and the terms on which the same 


was obtained, shall be clearly and particular- 
ly specified. 

Application of certain moneys. 

Sec. 162. It shall be lawful for the con- 
troller to apply the moneys accruing for in- 
terest on the sales of lands in said city for 
unpaid taxes, assessments and croton water 
rents, or so much thereof as shall be required, 
to the account or fund designated “lands 
purchased for taxes and assessments,” such 
moneys to he used for purchases by the cor- 
poration at such sales. 

Dedication of certain lands for markets. 

Sec. 163. The lands in the Ninth ward of 
that part of the corporation heretofore known 
as the mayor, aldermen and commonalty of the 
city of New York, bounded on the north by 
Bloomfield street, on the south by Ganse- 
voort street, on the east by West street and 
Tenth avenue, and on the west by Thirteenth 
avenue, being a portion of the lands hereto- 
fore set apart by law for use as a market 
place, are hereby dedicated to market pur- 
poses, and shall be used and occupied as 
such in the manner that may be designated 
and prescribed by the commissioners of the 
sinking fund, who shall have full power and 
authority in respect thereto. Said commis- 
sioners of the sinking fund may, in their dis- 
cretion, lease said lands to be used for 
public market purposes for such term of 
years, with such covenants, and for such 
annual rental, as in their judgment shall 
be for the best interests of the city, or 
may prepare the same for use as a public 
market. The block of ground in said ward 
bounded on the north by Little Twelfth 
street, on the south by Gansevoort street, 
on the east by Washington street, and on 
the west by West street and Tenth avenue, 
is hereby declared to be a public market 
place, and subject to the provisions of section 
206 of this act, shall be kept for the exclusive 
use of farmers and market gardeners. The 
department of finance shall have sole charge 
and control of said public market place and 
of the wagons employed in the business of 
selling farm and garden produce in said 
city, and shall have power to make suitable 
regulations concerning fees, the hours during 
which the said business shall be conducted, 
and the general management of the same. 

TITLE 2. 

THE BONDS AND OBLIGATIONS OF 
THE CITY. 

Corporate stock of the city of New York. How 

issued. Provisions as to bonded indebtedness. 

Sec. 169. All bonds issued by the city of 
Now York cn and after January 1, 1898, in 
pursuance of laws already passed or which 
may hereafter be passed, or in pursuance of 
the provisions of this act, excepting assess- 
ment bonds and revenue bonds, shall be 
known as “Corporate Stock of the City of 
New York.” For the redemption and pay- 
ment of said corporate stock and the interest* 
thereon, the faith and credit of the city of 
New York shall be and is hereby pledged. 
Such corporate stock shall be In such form 
as may 'be designated by the controller, and 
shall be signed 'by the said controller and the 
mayor af the city of New York, and sealed 
with the common seal oif the city of New 
York, and attested hy the city clerk. Such 
corporate stock shall be in coupon form in 
sums not less than five hundred dollars each 
share, cr shall be registered, and shall be 
conditioned to be paid In gold coin, or in the 
legal currency of the United States, at the op- 
tion of the commissioners of the sinking 


THE CHARTER FOR THE GREATER NEW YORK. 


23 


fund and shall be made redeemable at 
a period of not less than ten, nor 
more than fifty years from the date there- 
of; provided, however, that such stock when 
issued to provide for the supply of water 
shall always be Issued in the manner provid- 
ed by Section 10 of Article VIII of the consti- 
tution of the state of New York. Such cor- 
porate stock and all assessment bonds and 
i revenue bonds, as well as all bonds hereafter 
to be issued by the city of New York 'by vir- 
tue of this act or of any other act, whether 
i general or special, shall be free and exempt 
from all taxation, except for state purposes. 
The interest on such corporate stock and on 
ail other bonds of the corporation, except 
revenue bonds, shall not exceed four per cen- 
1 turn per annum, and shall he made payable 
quarterly, or semi-annuaWy, in the city of 
New York, or at such other place as may be 
fixed by the said controller at the time of 
issue of said stock or bonds; provided, how- 
I ever, that the Interest on revenue bonds, is- 
sued in anticipation of the collection at taxes 
may be made payable at the date of the ma- 
turity thereof. 

Corporate stock of the city of New' York is- 
sued in pursuance of laws already passed or 
which may be hereafter passed, or in pursu- 
ance of the provisions of this act, shall be, 
unless otherwise provided by this act, Issued 
by the controller only to the extent to which 
he may be thereunto authorized by resolu- 
tion of the municipal assembly and the board 
of estimate and apportionment adopted by 
vote as provided for in this act; provided, how- 
ever, that wherever by existing provisions of 
law, or by the provisions of this act, the 
commissioners of the sinking fund may be 
specifically authorized to provide for the issue 
of stocks or bonds, said authorization of the 
controller shall be made by said commission- 
ers instead of the said municipal assembly 
and said board of estimate and apportion- 
ment, and provided, further, that whenever 
the amount of stocks or bonds required to be 
issued in pursuance of any law for any one 
purpose in any year shall not exceed the sum 
of one hundred thousand dollars, the con- 
troller may lsue such bonds when thereunto 
authorized by the vote of a majority of the 
board of estimate and apportionment. 

Issue of stock or bonds by the City of New 
York to take the place of bonds authorized 
to be issued by laws enacted prior to Janu- 
ary 1st, 1898. 

Sec. 170. Whenever, and to the extent to 
i which, It may be lawful for the municipal or 
public corporations or parts thereof, including 
I the counties of Kings and Richmond, which 
by this act are made part of the corporation 
, of the city of New York, to issue for public 
purposes bonds pursuant to laws enacted 
; prior to January 1, 1898, it shall be lawful 
for the city of New York, as hereby constitut- 
ed, to issue corporate stock as herein provid- 
ed for the same purposes; provided, however, 
that the amount so to be issued shall not in 
any one case exceed the balance remaining 
unissued of the amount limited to be is- 
sued pursuant to the authority of said laws. 
In similar instances assessment bonds and 
revenue bonds of the city of New York, as 
hereby constituted, may likewise be so is- 
sued, subject to the same limitations as to 
the amount thereof. 

Bonds to be issued in sums of ten dollars or any 
multiple thereof. 

Sec. 171. Whenever it shall be lawful to is- 
sue any bonds of the city of New York as 
constituted by this act, the same, when Is- 
sued in registered £crm, may be issued in de- 


nominations of ten dollars or any multiple 
thereof. Preference shall, as far as practica- 
ble, and without pecuniary disadvantage to 
the said city of New York, be given to appli- 
cants for the smallest amounts and smallest 
denominations of said bonds in issuing the 
same. 

Registration of stocks and bonds. 

Sec. 172. All stocks and bonds heretofore 
lawfully issued by any of the municipal or 
public corporations or parts thereof, which 
have heretofore been annexed to or consoli- 
dated with the corporation known as the may- 
or, aldermen and commonalty of the City of 
New York, or which by this act are made part 
of the corporation of the City of New York, as 
hereby constituted, including the counties of 
Kings and Richmond, for the payment of the 
principal and interest, of which the City of 
New York is liable, may be registered and 
must be recorded by the owners thereof in 
the controller’s office in said city; and shall be 
transferable at the pleasure of the holder, 
either in person or by attorney, only upon the 
books of the corporation in said office, and sub- 
ject to such reasonable rules and regulations 
as the controller may prescribe; such registry 
and transfer to be indorsed thereon by the 
controller. Whenever such stocks or bonds 
have been issued in coupon form, and when- 
ever hereafter corporate stock of the City of 
New York may be so issued, it shall be the 
privilege of the holders thereof at any time, 
subject to such rules and regulations to con- 
vert the same into registered stock or bonds, 
and the controller is hereby authorized to is- 
sue registered stock or bonds therefor in the 
manner and form in which the same would 
have been conditioned if originally issued in 
registered form. The interest on all such 
stocks and bonds, when so registered, shall, 
as the same becomes due and payable, be 
paid in like manner as upon other registered 
stock and bonds of the City of New York; and 
whenever any such stocks or bonds have 
coupons attached, the controller shall, upon 
registration thereof, have authority to de- 
tach all coupons therefrom, and shall there- 
upon indorse the fact of such registration, 
with a reference to this section. 

Fund for street and park openings. 

Sec. 173. The fund heretofore established 
and accumulated in the treasury of the cor- 
poration known as the mayor, aldermen and 
commonalty of the City of New York, entitled 
the fund for street and park openings, shall 
be continued in the corporation of the City of 
New York, as hereby constituted. The said 
fund for street and park openings shall consist 
of: 

1. Whatever cash balance in said fund 
may upon January 1, 1898, he on deposit in 
the treasury of the corporation known as 
the mayor, aldermen and commonalty of 
the city of New York. 

2. Whatever cash balances there may be 
on January 1, 1898, in the treasuries or 
standing to the credit of the several munic- 
ipal or public corporations or parts thereof 
which by this act are made part of the 
corporation of the city of New York, and 
which said cash balances may be applicable 
to the payment of damages awarded by the 
commissioners of estimate and assessments 
in reports heretofore confirmed or hereaf- 
ter to be confirmed in proceedings taken to 
open any street, road, avenue, boulevard, 
public square, or place, park or parkway, 
or to acquire title to land required for any 
bridge, tunnel or approach thereto, and all 
the costs and expenses of such proceedings 
heretofore or hereafter taxed. 

3. Such sums as may be raised by 


taxation in the city of New York, and th« 
proceeds of such bonds as may be issued 
as by this act provided to meet the ex- 
pense, in whole or in part, of any of the ob- 
jects and purposes in the preceding subdi- 
vision of this section specified. 

4. All moneys hereafter collected by 
the city of .New York, as hereby consti- 
tuted, for or on account of assessments 
made and confirmed and hereafter to be 
made and confirmed for opening any street, 
road, avenue, boulevard, public square or 
place, park or parkway, or for acquiring 
title to land required for any bridge, tun- 
nel or approach thereto, wholly or partly 
within the limits of the several munici- 
pal or public corporations or parts thereof, 
which by this act are made part of the cor- 
poration of the city of New York. 

Damages, etc,, to be paid from said fund. 

Sec. 174. From the said fund for street and 
park openings, and not otherwise, shall be 
paid all damages awarded by the commis- 
sioners of estimate and assessment in reports 
hereafter or heretofore confirmed in proceed- 
ings taken to open any street, road, avenue, 
boulevard, public square or place, park or 
parkway, or to acquire title to land required 
for any bridge, tunnel or approach thereto In 
the city of New York, as hereby constituted, 
and all the ccsts and expenses of such pro- 
ceedings heretofore or hereafter taxed. The 
person or persons to -whom awards shall be 
made in such proceedings, wherein reports 
are or have been confirmed, and the person 
or persons in whose favor costs and expenses 
may be or have been taxed, shall not have 
an action at law against the city of New York 
for such awards, costs or expenses, but may 
require the officers of said city to raise, as 
hereafter provided, the money necessary to 
enable the controller to pay such awards, 
costs and expenses from the said fund, and 
thereafter compel the payment of such dam- 
ages, costs and expenses from such fund. 
Whenever the amount of the damages award- 
ed in any report, together with the costs of 
the commissioners and the charges and ex- 
penses, shall exceed the balance remaining 
in said fund after deducting all outstanding 
claims against said balance, the controller is 
authorized to raise by the issue and sale 
of revenue bonds such amounts as shall be 
necessary to pay such damages, costs and ex- 
penses; provided, however, that in each and 
every case in which by virtue of any existing 
statute or any statute hereafter enacted, or 
by virtue of any act or resolution hereto- 
fore or hereafter adopted by any board or 
body pursuant to any statute, the whole or 
any portion of the awards made in any pro- 
ceeding, and of the costs and expenses there- 
of, are payable out of the fund for street 
and park openings and are not to be as- 
sessed upon the property benefited, but are 
to be borne and paid by the city of New 
York, the board of estimate and apportion- 
ment may, in its discretion, by a majority 
vote, direct that the amount so to be borne 
and paid by said city of New York shall be 
raised by the issue and sale of corporate 
stock of the city of New York, and the con- 
troller shall thereupon issue and sell said 
stock at such times and in such amounts as 
may be necessary, and shall pay the proceeds 
thereof into said fund for street and park 
openings. 

Replenishment of said fund. 

Sec. 175. The corporation counsel shall fur- 
nish to the board of estimate and apportion- 
ment in each year, at the time of making 
the estimate for the ensuing year, a list of 
ail reports confirmed for the twelve preceding 
months with a statement of the amount at 


THE CHARTER FOR THE GREATER NEW YORK. 


24 


awards and costs taxed in each proceed- 
ing. The controller shall at the same 
time furnish to the said board state- 
ments of the amount of such awards and 
costs already paid, and of the amounts due 
for awards and costs payable from the said 
fund and still unpaid, and of the amounts of 
revenue bonds then outstanding, issued in 
pursuance of the last preceding section, and 
of the balance in the treasury to the credit 
of the said fund. The municapl assembly and 
the said board shall thereupon include in the 
annual budget for the ensuing year a sum 
sufficient, with such balance, to pay all claims 
for the awards and costs in all proceedings 
in which reports shall have been prior to that 
time confirmed, and which awards shall not 
then have been paid, and also a sum sufficient 
to pay and discharge the revenue bonds then 
outstanding and issued in pursuance of the 
last preceding section. 

Payment of assessments imposed upon the 

city of New York. 

Sec. 176. It shall be the duty of and. lawful 
for the controller when thereto authorized by 
the municipal assembly and the board of 
estimate and apportionment to issue such 
amounts of the corporate stock of the city 
of New York as shall be necessary to provide 
the funds to enable said controller to pay 
any and all assessments and expenses im- 
posed, or that may hereafter be imposed 
upon the city of New York, by reason of the 
laying out, opening, regulating and grading or 
Improving any and all streets, roads, ave- 
nues, public parks, squares or places, and 
out of the proceeds of said stock to pay such 
assessments and expenses. 

Disposition of moneys received from certain 

assessments. 

Sec. 177. The moneys collected upon the 
assessments laid by the commissioners of 
estimate and assessment, appointed in pur- 
suance of Sections 670 to 678 inclusive of 
Chapter 410 of the Laws of 1882, as amended, 
shall be applied toward the payment of the 
fund or stock authorized by Section 140 of 
Chapter 410 of the Laws of 1882, or to the 
payment of said awards and expenses, if re- 
ceived before the Issue of said fund or stcck. 

Expenses relating to the water supply. How to 

be met. 

Sec. 178. It shall be the duty of the controll- 
er, and he is hereby authorized and directed 
when thereto authorized by the municipal as- 
sembly and the board of estimate and appor- 
tionment, on requisition of the commissioner 
of water supply, to raise, from time to time, on 
the issue of corporate stock of the city of New 
York, amounts of money sufficient to pay the 
sums which may be necessary from time to time 
to be paid for the acquisition of any real estate, 
or for the extinguishment of any right, title 
or Interest therein to be acquired or extin- 
guished under the provisions of the laws re- 
lating to the supply of water to the city, to- 
gether with all expenses necessarily incurred 
in surveying, locating and acquiring title to 
such real estate, or extinguishing claims for 
damages thereto; and also all such sums a3, 
from time to time, may be found necessary for 
the construction of aqueducts, reservoirs, 
dams, sluices, canals and appurtenances; and 
all such payments shall be made by the con- 
troller on the certificate of the commissioner of 
water supply, provided, however, that the 
amount so raised shall not in any one year sx- 
ceed the limitations which, by law, may be or 
may have been imposed as to the amount of 
♦xpenditure to be made therefor. 

Bonds for drains. 

Sec. 179. It shall be the duty of the controll- 
er, when thereto authorized by the board of 


estimate and apportionment, to issue assess- 
ment bonds in behalf of the city of New York, 
to an amount sufficient to raise the sum nec- 
essary to pay any damages that may from time 
to time be awarded to the owners of lands for 
the right of way required for drains and for 
the expense of plans and surveys and the fees 
of commissioners. The proceeds of such bonds 
shall be paid into the street improvement fund, 
from which fund payments as aforesaid shall 
be made, and assessments collected on account 
thereof shall be paid into said street improve- 
ment fund. 

Expenses of the department of docks and fer- 
ries; how met. 

Sec. 180. The controller shall, from time 
to time, when directed by the commissioners 
of the sinking fund, issue corporate stock 
oif the city of New York for 'the purpose cif 
raising the moneyi necessary to carry out 
the provisions of Title 1 of Chapter XYI of 
this act, relating to the department of 
docks and ferries, its powers and du- 
ties. Not more than three million dol- 
lars of such stock shall be issued in 
any one year; provided, however, that there 
may also he issued an additional amount of 
such 6tock, equal to the 'balance remaining 
unissued of the amount of dock bonds au- 
thorized to be issued by the provisions of 
Chapter 246 of 'the Laws of 1896. The moneys 
received from sales of such stocks shall be 
deposited in the treasury of the city and shall 
be drawn out and paid by the controller of 
©aid city for the several objects and purposes 
provided in said title, relating to the said 
department, its powers and duties, upon the 
requisition of the board of docks, coun- 
tersigned by the commissioners of the 
sinking fund. The expenses and com- 
pensation of said beard, its rents, the 
compensation of its appointees, the pur- 
chase money and damages awarded upon the 
acquisition of private property, the payments 
under the contracts authorized in said title 
and for work performed under the same, and 
all other expenses and disbursements neces- 
sarily incurred in carrying out the said pro- 
visions cf said title i.n keeping, maintaining, 
repairing, building and rebuilding the wharves 
belonging to the said corporation, in dredg- 
ing and cleaning slips, shall be paid out cf 
eaid moneys in the manner above provided. 

Assessment bonds. 

Sec. 181. It shall be lawful for the con- 
troller, when authorized by the board of 
estimate and apportionment to issue assess- 
ment bonds, at not less than par, for such 
periods as said controller may determine, 
not exceeding ten years, and bearing inter- 
est at a rate not exceeding four per cent, 
per annum, to provide the means necessary 
to pay all expenses incurred or to be incurred 
on account of regulating and paving streets, 
building sewers, and all other work ordered 
to be done by contract, by virtue of ordi- 
nances which may be hereafter passed by the 
municipal assembly of the city of New York, 
the expense whereof is to be collected by 
assessment from the property benefited by 
said work or works, or on account of any 
local improvement or other public work 
heretofore made or performed, or that shall 
hereafter be made or performed under and 
by virtue of the authority of any law in all 
ct.r&3 in which the said expense is to be 
pa.d in whole or In part by assessment upon 
the property benefited. No moneys shall 
be paid out of the proceeds of said bonds on 
account cf any contract hereinbefore re- 
ferred to, until a copy of said contract has 
been filed with the controller of said city by 
the head of the department or board having 


such work in charge, and also a certificate in 
writing from the head of such department or 
board, stating that a payment is due and 
the amount of such payment. On work con- 
tracted for subsequent to May seventh, 
eighteen hundred and seventy-two, or here- 
after contracted for. no interest, shall be 
charged on the monthly or other intermediate 
payments to any contractor, and thirty per 
Centum, and no more, shall be reserved from 
the amount or value of work specified and 
certified from time to time to the controller 
of said city, by the proper officer, to have 
been done by any contractor; and such re- 
served thirty per centum shall be paid to 
such contractor on or before the expiration 
of thirty days from the completion and ac- 
ceptance of the work. 

The fund heretofore created by the corpor- 
ation known as the mayor, aldermen and 
commonalty of the city of New York, known 
as the street improvement fund, shall be 
continued, and into such fund shall be paid 
the proceeds of the sale of assessment bonds 
as by this section authorized, and of such 
bonds as may by other provisions of law be 
authorized to be issued for similar purposes 
within the territory of the city of New York, 
as hereby constituted, and for the payment 
of the expense of which the said city may 
in the first instance become liable, as well 
as the cash balances of assessments already 
collected, or to be hereafter collected, on ac- 
count cf similar contracts duly entered into 
by the pronti authorities of the several mu- 
nicipal or public corporations, or parts there- 
of, which by this act are consolidated with 
the corporation known as the mayor, aider- 
men and commonalty of the city of New York. 

Proposals for bonds and stock hereafter issued 

or purchased. 

Sec. 182. Whenever any bonds or stocks 
shall be hereafter issued, other than rev- 
enue bonds, or such bonds and stocks as 
may be purchased for investment by the com- 
missioners of the sinking fund, the controller 
shall invite proposals therefor by public ad- 
vertisement, for not less than ten days, and 
shall award the same to the highest 

bidder or bidders therefor; provided that 
no proposals for bonds or stocks shall 

be accepted for less than the par value 
of the same; and said proposals shall 

be only publicly opened by the control- 

ler, in the presence of the commissioners 
of the sinking fund, or such of them as shall 
attend. Every bidder, as a condition prece- 
dent to the reception or consideration of his 
proposal, shall deposit with the controller a 
certified check, drawn to the order of said 
controller upon one of the state or national 
banks of the said city, or a sum of money; 
such check or money to accompany the pro- 
posal to an amount to be fixed by the con- 
troller not exceeding two and one half per 
centum of the amount of the proposal. With- 
in three days after the decision as to 
who is or are the highest bidder or 
bidders, the controller shall return all 
deposits made to the persons making 
the same, except the deposit made by the 
highest bidder or bidders, and if the said 
highest bidder or bidders shall refuse or ne- 
glect, within five days after service of writ- 
ten notice of the award to him or them, to pay 
to the city chamberlain the amount of the 
stocks or bonds awarded to hiln or them at 
their par value, together with the premium 
thereon, less the amount deposited by him or 
them, the amount or amounts of deposit thu 3 
made shall be forfeited to and retained by 
said city as liquidated damages for such ne- 
glect or refusal, and shall thereafter be paid 


THE CHARTER FOR THE GREATER NEW YORK. 


25 


Into the sinking fund of the city of New 
York for the redemption of the city debt. 

Expenses of restoring street pavements; how 

met. 

Sec. 183. The moneys which the controller 
is authorized to pay pursuant to the provis- 
ions of section 525 of this act shall be ob- 
tained by him from time to time, as may be 
necessary, by the sale of assessment bonds 
as provided by section 181 of this act. The 
money collected pursuant to the provisions 
of said section 525 shall be set apart when 
collected as a trust fund, and applied to the 
redemption of the principal and interest of 
said bonds. 

Redemption of certain bonds payable from col- 
lection of assessments. 

Sec. 184. If at any time hereafter the 
amount in the treasury of the city derived 
from collections of assessments shall be in- 
sufficient to meet and pay, when they become 
due and payable, any bonds issued by the city 
of New York, as hereby constituted, or any 
bonds heretofore issued by any of the munic- 
ipal or public corporations or pares thereof 
hereby consolidated into the city of New 
York, for expenditures incurred on public 
improvements, payable in whole or in part 
from assessments, then it shall be lawful for 
the controller, when thereto authorized by 
the municipal assembly and the beard of es- 
timate and apportionment, to issue corporate 
stock of the city of New York for an amount 
sufficient to pay the bonds so falling due as 
aforesaid; or the controller may in his dis- 
cretion, for such purpose, issue assessment 
bonds in the manner provided by section 181 
of this act. 

Deficiencies in collections of arrears of assess- 
ments; how met. 

Sec. 185. The controller is hereby authorized 
to issue from time to time assessment bonds 
in the manner provided by section 181 of this 
act, to provide such amounts as may be re- 
quired to meet the deficiencies caused by de- 
lay in collecting arrears of assessments; the 
aggregate amount so issued not to exceed at 
any time the aggregate amount of said ar- 
rears then outstanding. 

Bonds for state taxes. 

Sec. 186. For the purpose of enabling the 
city of New York to -make payment of the 
quota oif state taxes which may be imposed 
upon, and chargeable to, the said city and the 
counties wholly comprised therein, and the 
part of Queens county included in said city, at 
the same time or times that other counties of 
this state are or may be required to make 
payment by law, the controller is hereby au- 
thorized and required, unless the money for 
the payment of the same shall have been 
otherwise provided, to issue revenue bonds 
for such amounts as may from time to time 
become necessary to meet such quota of the 
state taxes, and from the proceeds thereof, 
to pay to the state treasurer the amount of 
taxes which the controller cif the state shall 
have apportioned according to law, and which 
may be required to be paid in pursuance of 
6uch apportionment to the state by the city 
of New York and said counties and said part 
of Queens county at such times. 

Revenue bonds; special funds. 

Sec. 187. The controller is authorized to 
borrow, from time to time, on the credit of 
the corporation, in anticipation of Its reve- 
nues, and not to exceed in amount the 
amount of such revenues, such sums as may 
be necessary to meet expenditures under the 
appropriations for each current year. Such 
amounts shall be obtained by the issue of 


revenue bondls, which shall be redeemed out 
of the proceeds of the tax levy in anticipation 
of the collection of which such bonds were is- 
sued. 

Whenever the controller may be authorized 
by the provisions of this act, or 'by laws here- 
tofore or hereafter enacted, to issue revenue 
bonds for purposes other than to meet 
expenditures under the appropriations for 
each current year, such revenue bonds shall 
be redeemed out of the tax levy for the year 
next succeeding the year of their issue, and 
the necessary appropriation therefor shall be 
made by the municipal assembly and the 
board of estimate and apportionment in the 
budget for such year. Such last mentioned 
bonds may be designated and known as “Spe- 
cial Revenue Bonds.” 

Cash balances of special funds in the treas- 
uries or to the credit of the several muni- 
cipal or public corporations or parts thereof, 
including the counties of Kings and Richmond, 
hereby consolidated with the mayor, aider- 
men and commonalty of the city of New York 
shall be transferred by the controller to like 
special funds of the city of New York where 
such exist; and such special funds shall there- 
upon be liable for payments which would 
otherwise have been made out of the funds 
so transferred. Where no similar funds ex- 
ist in the treasury or to the credit of the 
city of New York, such special fund shall be, 
so far as practicable, administered in the 
same manner as they would have been ad- 
ministered, if this act had not been passed. 
Whenever, within two years after the pass- 
age of this act, it shall appear that the charges 
and liabilities of any such special fund ex- 
ceed the available assets thereof, it shall 
be lawful for the board of estimate and ap- 
portionment, upon the written request of the 
controller, to authorize the issue of revenue 
bonds or assessment bonds or corporate stock 
of the city of New York, for the purpose of 
supplying such deficiency. 

Special revenue bonds. 

Sec. 188. The controller is authorized to 
issue special revenue bonds to provide the 
means necessary to make payments for the 
following purposes; 

1. The expenses necessarily incurred in 
condemning unsafe buildings as provided by 
section 511 of chapter 410 fat the laws of 
1882. 

2. Amounts audited by the board of estimate 
and apportionment pursuant to section 231 
of this act. 

3. Such amounts as may be necessary to pay 
judgments recovered against the corporation. 

4. The amount appropriated in pursuance 
of section 236 of this act in those cases in 
which the appropriations are made after the 
final passage of the annual appropriation and 
the certification to the municipal assembly of 
the amount to be raised. 

5. The amount necessary to defray the ex- 
pense of supplying water meters as author- 
ized by section 475 of this act. 

6. To provide for deficiencies in the fund 
for street and park openings as provided in 
section 174 of this act. 

7. To provide for the payment of claims, 
charges, expenses and appropriations which 
have been or may be hereafter by law speci- 
fically imposed upon the city of New York, 
as hereby constituted, and the several coun- 
ties wholly included within its limits by the 
legislature, and for which no other provision 
for payment has been made. 

8. To provide for the payment of expenses 
authorized by the concurrent vote of all the 
members of the board of estimate and appor- 
tionment upon a joint resolution requesting 
such authorization, adopted by the affirma- 


tive vote of three-fourths of all the members 
elected in each branch of the municipal 
assembly of New York city; provided, how- 
ever, that the amount thus issued shall not 
in any one year exceed two hundred and 
fifty thousand dollars. 

9. To meet and pay the expenses incurred 
pursuant to the provisions of sections 1,177 
and 1,178 of this act. 

TITLE 3. 

THE CHAMBERLAIN. 

Row appointed; bond. 

Sec. 194. The chamberlain shall be ap- 
pointed in the same manner as heads of de- 
partments, and shall hold his office for four 
years, unless sooner removed, as herein 
provided. He shall, within ten days after 
receiving notice of his appointment and be- 
fore he enters upon his office, give a bond 
to the people of the state of New York in 
the sum of three hundred thousand dollars, 
with not less than four sufficient sureties, 
to be approved by the controller, conditioned 
that he will faithfully discharge the duties 
of his office and all trusts imposed on him 
by law in virtue of his office. Such bond 
shall be deemed to extend to the faithful 
execution of the duties of the office until 
a new appointment shall be made and con- 
firmed, and the person so appointed enters 
upon the performance of his duties. In case 
of any official misconduct or default on the 
part of such chamberlain, or his subordinates, 
an action upon such bond may be begun 
and prosecuted to judgment by the attorney 
general, or by the city, who shall, after first 
paying therefrom the expenses of the liti- 
gation, cause the proceeds of such judgment 
to be distributed as shall be lawful and 
equitable among the persons and objects in- 
jured or defrauded by such official miscon- 
duct or default of said chamberlain, or any 
of his subordinates. 

Duties. Accounts of to be examined bv com- 
missioners cf accounts. 

Sec. 195. Said chamberlain shall exhibit to 
the municipal assembly, at its first meeting 
in the month succeeding that in which he en- 
ters upon the execution of his office, an ex- 
act statement of the balance in the treasury 
to the credit of the city, with a summary 
of the receipts and payments of the treasury 
during the preceding year, and since the last 
preceding report required by law, if more 
than a year shall have elapsed since such re- 
port. He shall receive all moneys which shall 
from time to time be paid into the treasury 
of the city. He shall deposit all moneys 
which shall come into his hands on account 
of the city on the day of the receipt thereof, 
or on the business day next succeeding, in 
such banks and trust companies as shall 
have been designated as deposit banks in pur- 
suance of the next section; but no amount 
shall be on deposit at any one time in any one 
bank or trust company exceeding one-half of 
the amount of the capital and net surplus of 
such bank or trust company. The money so 
deposited shall be placed to the account of the 
chamberlain, and he shall keep a bank book, 
in which shall be entered his account of de- 
posit in, and moneys drawn from the ban Its 
and trust companies in which the deposits 
shall be made. The said banks and trust com- 
panies shall, respectively, transmit to the 
controller a weekly statement of the moneys 
which shall be received and paid by them on 
account of the city treasury. The chamber- 
lain shall pay all warrants drawn on the 
treasury by the controller and countersigned 
by the mayor, or to the chief clerk of the may- 
or when empowered by the mayor in writing 


2G 


THE CHARTER FOR THE GREATER NEW YORK. 


so to do, and no moneys shall be paid 
out of the treasury except on the warrant of 
the controller so countersigned. No such 
warrant shall be signed by the controller or 
countersigned by the mayor, except upon 
vouchers for the expenditure of the amount 
named therein, examined and allowed by an 
auditor of accounts, approved by the control- 
ler and filed in the department of finance, ex- 
cept In the case of judgments, in which ease 
a transcript thereof shall be filed, nor except 
such warrant shall be authorized by law or 
by ordlnace, and shall refer to the law or or- 
dinance, and to the appropriation under and 
from which it is drawn. The chamber- 
lain shall not draw any moneys 
of the city treasury from said banks 
or trust companies unless by checks sub- 
joined and attached to such warrants and sub- 
scribed by him as chamberlain, and no moneys 
shall be paid by either of the said banks or 
trust companies on account of the treasury ex- 
cept upon such checks. The chamberlain 
shall exhibit his bank book to the controller 
on the first Tuesday of every month, and of- 
tener when required. The accounts of the 
chamherlain shall be annually closed on the 
last day of November, and shall be examined 
In the month of December in each year by the 
commissioners of accounts. Such commis- 
sioners shall examine the accounts and vouch- 
ers of all moneys received into and paid out of 
the city treasury during the year ending on 
the last day of November next preceding such 
examination, and shall certify and report to 
the mayor and municipal assembly in the fol- 
lowing month of January the amount of mon- 
eys received into the treasury during such 
year, the amount of moneys paid out during 
the same period by virtue of warrants drawn 
on the treasury by the controller, the amount 
of tooneys received by the chamberlain, who 
shall be In office at the time of such examina- 
tion, if he entered upon the execution of his 
duties since the last preceding report, the bal- 
ance in the treasury on the last day of No- 
vember preceding such examination, the 
amount of moneys borrowed for or on the cred- 
it of the city dtiring such year and the amount 
of the bonds of the city issued during 
such year, with the purposes for which 
and the authority under which such 
bonds were issued. Such commissioners 
shall also compare the warrants drawn 
by the controller on the treasury during the 
year ending on the last day of November pre- 
ceding such examination, with the several 
laws and ordinances under which the same 
shall purport to have been drawn, and shall 
in like manner certify and report whether the 
controller had power to draw such warrants; 
and if any shall be found which, in their 
opinion, he had no power to draw, they shall 
specify the same in their report, with their 
reasons for such opinion. 

Public moneys; where to be deposited Salary 

of chamberlain. 

Sec. 196. The said chamberlain and 
mayor and controller shall, by a ma- 
jority vote, by written notice to the 
controller, designate the banks or trust 
companies in which all moneys of the 
City of New York shall be deposited, and may, 
by like notice in writing, from time to time, 
change the banks and trust companies thus 
designated; but no such bank or trust com- 
pany shall be designated unless its officers 
shall agree to pay into the city treasury in- 
terest on the daily balances at a rate to be 
fixed by the mayor and chamberlain and the 
said controller of the City of New York, by a 
majority vote, which rate shall be so fixed 
quarterly, on the first days of February, May, 


August and November in each year, according 
to the current rate of interest upon like bal- 
ances deposited in banks and trust companies 
in the City of New York by private persons 
and corporations. The said chamberlain 
shall keep books showing the receipts of 
moneys from all sources, and designating the 
sources of the same, and also showing the 
amounts paid from time to time on account 
of the several appropriations, and no war- 
rants shall be paid on account of any appro- 
priation after the amount authorized to be 
raised for that specific purposo shall have 
been expended. The said chamberlain shall 
once in each week report in writing to the 
mayor and to the controller all moneys re- 
ceived by him, the amount of all warrants paid 
by him since his last report, and the amount 
remaining to the credit of the city. The 
chamberlain shall receive the sum of $12,000 
annually, and no more, for his services as 
chamberlain of said city, and as county treas- 
urer of the county of New York, in lieu of all 
salary and of all interest, fees, commissions 
and emoluments; and all such interest, fees, 
commissions and emoluments shall be ac- 
counted for and paid over by him to the city 
treasury, except that the commissions or com- 
pensation provided by law, and received by 
him for receiving and paying over the state 
taxes and all interest which accrue on de- 
posits shall be paid by him to the commis- 
sioners of the sinking fund. He may appoint 
and remove at pleasure, deputy chamberlains, 
and such clerks and assistants as may be 
necessary, whose salaries, together with all 
the expenses of his office, shall be paid by 
the City of New York when fixed by him and 
approved by the municipal assembly and the 
board of estimate and apportionment. 

Certain sections of code of civil procedure re- 
specting moneys paid into court, applicable. 

Sec. 197. Each provision of title three of 
chapter eight of the code of civil procedure, 
relating to a county treasurer, applies to the 
chamberlain, with respect to money paid into 
court, in an action triable in the City of New 
York, as hereby constituted, or with re- 
spect to money, or a bond, mortgage, 
or other security, or public stock, rep- 
resenting money paid into court, except 
where special provision, with respect to the 
same, is otherwis^ made by law. 

Fees. 

Sec. 198. The chamberlain is entitled, for 
the services specified in this section, to col- 
lect for, and on behalf of the city the fol- 
lowing fees: For receiving money paid into 
the court, one-half of one per centum upon 
the sum so received. For paying out the same, 
one-half of one per centum upon the sum so 
paid out. For investing money, pursuant to 
the direction of the court, one-half of one 
per centum upon the sum invested, not ex- 
ceeding two hundred dollars, and one-quarter 
of one per centum upon the excess over two 
hundred dollars. For receiving the interest 
upon an investment, and paying the same to 
the person entitled thereto, one-half of one 
per centum upon the interest so received and 
paid. All of said fees when collected by 
said chamberlain shall be paid by him into the 
city treasury as provided in section 196 of this 
act. 

TITLE 4. 

THE SINKING FUND. 
Commissioners of the sinking fund: how con- 
stituted. 

Sec. 204. There shall be a board of commis- 
sioners of the sinking fund, composed of the 
mayor, controller, chamberlain, president of 


the council and chairman of the finance com- 
mittee of the board of aldermen, with all the 
powers and duties now assigned, designated 
and reposed by law or ordinance in the com- 
missioners of the sinking fund of the city 
of New York, as heretofore constituted, of 
the city of Brooklyn and of Long Island City, 
or the officers intrusted with similar powers 
and duties In any of the municipal or public 
corporations or parts thereof including the 
counties of Kings and Richmond, hereby con- 
solidated with the mayor, aldermen and com- 
monalty of the city of New York, except as 
otherwise provided in this act. The said 
board shall administer each of the said sev- 
eral sinking funds, and perform, carry out 
and exercise the several trusts, powers, obliga- 
tions and duties relating thereto, in the same 
manner as the same would have been admin- 
istered, performed, carried out and exercised 
if this act had not been passed, except as 
otherwise provided in this act. 

The assets and accounts of each of said 
sinking funds shall, except as hereinafter 
otherwise provided, be kept separate and dis- 
tinct, and the same shall in all respects be ad- 
ministered as independent trusts, subject to 
and governed by the several provisions of law 
or ordinance heretofore relating thereto, with 
the intent and purpose of preserving inviolate 
the rights of holders of bonds and stocks 
heretofore issued by any of the municipal and 
public corporations or parts thereof hereby 
made part of the city of New York, including 
the counties of Kings and Richmond. 

Powers. 

Sec. 205. The said board shall, except as In 
this act otherwise specifically provided, have 
power to sell or lease for the highest market- 
able price or rental at public auction or by 
sealed bids, and always after public adver- 
tisement and appraisal under the direction 
of said board, any city property except parks, 
wharves and piers and land under water, but 
not for a term longer than ten years nor for 
a renewal for a longer period than ten years. 
But if said property be market property 
excepting the market between Sixteenth and 
Seventeenth streets, east of Avenue C; the 
market in Gouverneur slip and the market 
in Old slip, it shall not be sold or leased 
unless under a condition that the purchaser 
or lessee thereof shall maintain said market 
property as and for the purposes of a public 
market for at least ten years from and after 
such sale or lease, and under due ordinances 
of the municipal assembly of the department 
of health or under stipulations in the deed of 
sale or lease, unless otherwise ordered by 
the commissioners of the sinking fund and 
the municipal assembly. The proceeds 
of said sale or leasing shall on re- 
ceipt thereof, after paying necessary charges, 
be immediately paid to the credit of the 
sinking fund of the city of New York for the 
redemption of the city debt. 

The provisions of existing laws or ordi- 
nances relative to the investment of moneys 
and assets of the several sinking funds hereby 
made subject to the control of the commis- 
sioners of the sinking fund, as hereby con- 
stituted, in bonds, stocks or obligations of 
the municipal or public corporations or parts 
thereof hereby consolidated into the city of 
New York, including the counties of King 3 
and Richmond, shall hereafter apply to in- 
vestment thereof in the bonds and stock of 
the corporation of the city of New York, 
issued on and after January 1, 1898, pro- 
vided, however, that such bonds or stocks 
shall not thereupon or thereafter be canceled, 
exqept as herein otherwise specifically pro- 
vided, but the same shall upon their ma- 
turity be paid off, liquidated or discharged 


THE CHARTER FOR THE GREATER NEW YORK. 


27 


In the same manner as they would be if held 
by private creditors. • 

It shall be lawful for the commissioners 
of the sinking fund in their discretion, and 
they are hereby empowered in such discre- 
tion, to cancel from time to time, but not 
before maturity, bonds and stocks of any of 
the municipal and public corporations or 
parts thereof forming part of the corporation 
of the city of New York, as hereby consti- 
tuted, and of the counties of Kings and 
Richmond, which may be held by any of said 
sinking funds on December 31, 1S97, pro- 
viding said bonds and stocks are by law 
redeemable from the sinking funds in which 
the same are held. It shall also be lawful 
for the commissioners of the sinking fund 
in their discretion, and they are hereby em- 
powered in such discretion, to cancel from 
time to time, but not before maturity, any 
portion of the indebtedness of the city of 
New York, as hereby constituted, incurred 
on or after January 1, 1898, which may be 
held by them in the "Sinking fund of the 
city of New York,’’ as hereinafter consti- 
tuted, and which may by law be redeemable 
from said sinking fund as herein or else- 
where provided, and all such similar indebt- 
edness incurred to provide for the supply of 
water, which may be held by them and re- 
deemable from ‘‘The water sinking fund of 
the city of New York” as hereinafter con- 
stituted. 

The funds to be known as the “sinking fund 
of the city of New York” and the "water sink- 
ing fund of the city of New York,” as herein- 
after constituted, shall be administered by the 
commissioners of the sinking fund, in like 
manner as provided by the ordinance of the 
mayor, aldermen and commonalty of the city 
of New York, approved by the mayor, Feb- 
ruary 22, 1844, so far as the same may be 
applicable; provided, however, that nothing 
contained in said ordinance shall affect or 
alter the composition of the board of com- 
missioners of the sinking fund, as by this act 
constituted. 

The sinking fund of the city of New York. 

Sec. 206. There shall be created a fund to 
be known as the “sinking fund of the city of 
New York,” which shall have for its purposes 
the liquidation of the principal of the debt of 
the corporation of the city of New York in- 
curred on or after January 1, 1898, as to which 
no prevision for the payment thereof other- 
wise than from taxation Ls made, and ex- 
cepting revenue bonds and bonds issued to 
provide for the supply of water pursuant to 
the provisions of section 10 of article VIII, of 
the constitution of the state of New York. 
For the redemption of such debt out of said 
sinking fund there shall be annually included 
in the budget and paid into the sinking fund 
of the city of New York herein created, an 
amount to be estimated and certified by the 
controller, and to be by the municipal as- 
sembly and the board of estimate and appor- 
tionment inserted in the budget for each year, 
which with the accumulations of interest 
thereon shall be sufficient to meet and dis- 
charge such bonds or stock by the time the 
same shall be payable. 

Whenever the bonds and stocks outstanding 
on December 31, 1897, and being charges or 
liens on any of the sinking funds hereby made 
subject to the control of the commissioners 
of the sinking fund, shall in respect to any 
such sinking fund be wholly discharged, 
liquidated or canceled, it shall thereupon be 
lawful for the commissioners of the sinking 
fund to cancel such bonds of the corporation 
of the city of New York issued on or after 
January 1, 1898, as may be held by such sink- 
ing fund, and the revenues of such sinking 


fund when thus relieved of such liens or 
charges shall thereupon and thereafter be paid 
into the sinking fund of the city of New York, 
as herein created. Whenever such payments 
shall be made, the controller in making the 
certificate to the board of estimate and ap- 
portionment by this section required shall 
take into account the amount thereof, and de- 
duct the same from the estimated amount to 
be included in each year's budget as herein 
provided. 

Sinking funds for redemption purposes to be 

continued. 

Sec. 207. The fund known as the sinking 
fund of the city of New York for the redemp- 
tion of the city debt, and the fund known as 
the sinking fund of the city of Brooklyn, 
and the like funds of each and every of the 
municipal or public corporations or parts 
thereof by this act consolidated with the 
corporation known as the mayor, aldermen 
and commonalty of the city of New York, 
including the counties of Kings and Rich- 
mond, shall be continued and the funds, 
moneys, revenues and assets heretofore pledg- 
ed and appropriated to each of said funds shall 
continue to be and the same are hereby 
pledged and appropriated thereto sev- 
erally and respectively in the same 
manner as though this act had not 
been passed, until such time as the 
bonds, stocks and obligations outstanding 
on December 31, 1897, and redeemable there- 
from, shall have been respectively cancelled, 
liquidated, discharged and redeemed. 

Wherever, by existing laws or ordinances, 
the duty is imposed upon boards or officers of 
the several municipal or public corporations 
or parts thereof hereby consolidated with the 
mayor, aldermen and commonalty of the city 
of New York, including the counties of Kings 
and Richmond, to raise by taxation, annually 
or otherwise, amounts of money for sinking 
fund purposes, or for the redemption of or 
payment of interest on bonded indebtedness, 
for which the city of New York, as hereby 
constituted, is by this act made liable, it shall 
be the duty of the proper officers of the said, the 
city of New York, in like manner to raise such 
amounts by taxation upon the estates, real and 
personal subject to taxation in said city. 

Sinking funds created pursuant to constitu- 
tional requirements; water sinking fund of 

the city of New York. 

Sec. 208. There shall be created a fund to be 
known as the water sinking fund of the city 
of New York, which shall have for its purpose 
the liquidation of the principal of the debt 
incurred by the city of New York, as hereby 
constituted, on or after January 1, 1898, for 
the supply of water as provided by section 10 
of article VIII of the constitution of the state 
of New York. 

The funds known as the sinking fund No. 
2 of the city of New York, the water sink- 
ing fund of the City of Brooklyn and 
the sinking funds of each and every munici- 
pal and public corporation or part thereof 
hereby made part of the corporation of the 
city of New York, including the counties of 
Kings and Richmond, created pursuant to the 
requirements of the constitutional amendment 
adopted November. 4, 1884, or of section 10 of 
article VIII of the constitution of the state 
of New York, shall be continued, and the 
funds, moneys, revenues and assets heretofore 
pledged and appropriated to each of said 
funds shall, except as herein otherwise spec- 
ially provided, continue to be severally and 
respeetivefly so pledged and appropriated. 
It shall, however, be the duty of the controll- 
er of the city of New York, as scon as practi- 
cable after the passage of this act, to cause 


an examination to be made as to the condition 
of said funds, and if it appears to him, and he 
shall so certify to the commissioners of the 
sinking fund, that said funds or any of them 
have been managed, invested and administer- 
ed in the manner required by the provisions 
of the constitution of the state of New York 
as aforesaid, it shall be lawful for the said 
commissioners of the sinking fund, by concur- 
rent vote, to authorize and direct the amal- 
gamation of said fund or funds with the wa- 
ter sinking fund of the city of New York, 
as hereby constituted. 

Sinking funds for the payment of interest. 

Sec. 209. The fund known as the sinking 
fund of the city of New York for the pay- 
ment of the interest accruing and to accrue 
upon the stocks of said city until the same 
be fully and finally redeemed ' shall be con- 
tinued, and after providing for the Interest 
on the bonds and stocks now payable there- 
from as provided by law, shall form a fund 
which shall be transferred to the sinking 
fund of the city of New York for the re- 
demption of the city debt; provided, how- 
ever, that nothing herein contained shall au- 
thorize the payment from said fund of any 
interest which may accrue on bonds to be is- 
sued by the corporation of the city of New 
York, as hereby constituted, after January 
first, one thousand eight hundred and ninety- 
eight. Like funds in any of the municipal or 
public corporations or parts thereof which by 
this act are made part of the corporation of 
the city of New York, as hereby constituted, 
including the counties of Kings and Rich- 
mond, shall likewise be continued, and any 
surplus that may remain therein after fully 
satisfying all claims, liens or charges that 
maiy exist against such funds pursuant to 
law ot ordinance shall, unless otherwise pro- 
vided by law, be transferred to the sinking 
fund of the city of New York, as herein con- 
stituted. 

Disposition of certain moneys received for local 
improvements. 

Sec. 210. All moneys now in the treasury 
of the corporation known as the mayor, al- 
dermen and commonalty of the city of New 
York heretofore collected and received in 
payment or on account of assessments made 
and confirmed for local improvements in said 
city, and all moneys which shall hereafter be 
collected and received in payment or on ac- 
count of assessments made and confirmed, 
or which may be made and confirmed, for 
local improvements in said city completed 
prior to June third, eighteen hundred and 
seventy-eight, shall be paid into the sinking 
fund for the redemption of the city debt, and 
the same ls hereby, in addition to the revenues 
and moneys aforesaid, pledged and appropri- 
ated to said sinking fund for the payment 
of the bonds and stocks of said city, to be 
paid and redeemed therefrom as herein pro- 
vided. 

Funds and revenues pledged to redemption of 

city debt. 

Sec. 211. Between the city and its creditors, 
holders of its bonds and stocks as aforesaid, 
including the bonds and stocks of the munici- 
pal or public corporations or parts thereof 
consolidated with the corporation known as 
the mayor, aldermen and commonalty of the 
city of New York, as well as those of the 
latteT corporation and of the counties of 
Kings and Richmond, there shall be and there 
is hereby declared to bo a contract that the 
funds and revenues of the city, including all 
the corporations last stated and said counties 
of Kings and Richmond, and the funds to be 
collected from assessments pursuant to any 


28 


THE CHARTER FOR THE GREATER NEW YORK. 


law by this chapter pledged to the sinking 
fund for the redemption of the city debt, 
shall be accumulated and applied only to the 
purposes of the said several sinking funds 
as prescribed by law, until all of said debt 
redeemable therefrom is fully redeemed and 
paid, as herein provided. 

Sinking fund for the redemption of the city 
debt not to be alienated or impaired. 

Sec. 212. Nothing in this chapter contained 
shall be held to require or authorize the 
commissioners of the sinking fund to use or 
apply any part or portion of the accumulations 
in said sinking fund for the redemption of the 
city debt, or the revenues of said fund in any 
manner whatever, whereby the security of 
said fund for the payment of the bonds and 
stocks of the corporation known as the mayor, 
aldermen and commonalty of the city of New 
York, for which said fund is now pledged 
by law, and which are a charge on said fund, 
shall be alienated or Impaired, and the said 
bonds and stocks so secured by law are here- 
by declared to constitute a preferred charge 
on said sinking fund until the same are fully 
and finally paid and redeemed. 

Commissioners may call in bonded debt. Con- 
solidated stock of the city of New York: lien 
of, on sinking fund for the redemption of the 
city debt. 

Sec. 213. The commissioners of the sinking 
fund are hereby authorized and empowered 
to call in, pay, and redeem any portion of 
the bonded debt constituting a charge upon the 
treasury of the city of New York, as constitut- 
ed by this act, other than revenue bonds, 
issued in anticipation of the collection of 
taxes, when they may deem it to be ad- 
vantageous for the interest of the city so to 
do, and for this purpose the said commission- 
ers of the sinking fund are hereby empowered 
to authorize, by a concurrent vote, and direct 
the controller to issue and sell or exchange 
therefor at not less than par, corporate stock 
of said city, in the manner herein provided; 
and upon the payment and redemption of 
any portion of said bonded debt, the certi- 
ficates thereof shall be canceled by said 
commissioners. 

The “consolidated stock” of the mayor, al- 
dermen and commonalty of the city of New 
York, issued pursuant to the provisions of 
section 176 of chapter 410 of the laws of 
1882, after fully providing for the preferred 
bonds and stocks of said city, as in the preced- 
ing section specified, shall form a charge upon 
the said “sinking fund for the redemption of 
the city debt,” and any part of the bonded 
debt of said corporation falling due and not ex- 
changed for or redeemed from the proceeds 
of said consolidated stock as in said section 
provided, may be paid from said sinking fund 
for the redemption of the said city debt, pro- 
vided such payment shall not in any way 
Impair the preferred claims thereon as in the 
preceding section specified, and provided also, 
the commissioners of the sinking fund shall 
deem it to be for the best interests of the 
city that such payment shall be so made. 

Preferred bonds and stocks to be paid from ihe 
sinking fund for the redemption of the city 
debt. 

Sec. 214. Prom the said sinking fund for the 
redemption of the city debt shall be paid and 
redeemed all preferred bonds and stocks of 
the mayor, aldermen and commonalty of the 
city of New York, as by this title authorized. 

Disposition of certain assessments for local 
improvements. 

Sec. 215. The assessments made for local 
improvements prior to the ninth day of June, 


eighteen hundred and eighty, by t)he corpora- 
tion known as the mayor, aldermen and com- 
monalty of the city of New York, including 
assessments for improvements contracted for 
or authorized by said corporation, prior to 
said date, shall, when collected, be paid over 
to the commissioners of the sinking fund, 
and applied by 'them in accordance with law. 

Alteration of rates prohibited. 

Sec. 216. It shall not be lawful for the city 
of New York to make or cause to be made, 
any alteration of rates or charges affecting 
any item or source of the revenues of any 
of the sinking funds of said city, or of the 
general fund which may tend to a diminution 
of the receipts from such source of revenue, 
or either of them, and all the revenues of 
said corporation not by law otherwise spe- 
cifically appropriated, shall, when received 
into the city treasury, be credited to the gen- 
eral fund. 

Applications for leases for public purposes. 

Statement by controller. 

Sec. 217. All applications to lease any real 
estate for the purposes of the city of New 
York, including the premises required in ac- 
cordance with law for armories and drill 
rooms and places of deposit for the safe 
keeping of arms, uniforms, equipments, ac- 
coutrements, and camp equipage of the na- 
tional guard, must be presented to and passed 
upon by the commissioners of the sinking 
fund of said city. It shall be the duty of 
the controller, after due inquiry to be made 
by him, to present to the said commissioners 
a statement in writing of the facts relating 
to any real estate proposed to be leased, the 
purposes for which such lease is required 
by the city, with his opinion, and the rea- 
sons therefor, as to the fair and reasonable 
rent of said premises. The said commis- 
sioners, upon such report and upon such fur- 
ther inquiry as they in their discretion may 
make, may authorize a lease of such premises 
as shall be specified in their resolution, at 
the rent therein set forth, for a period not 
exceeding five years, but such lease shall not 
be authorized except at a fair and reasonable 
rent, and unless the commissioners are sat- 
isfied and shall so express that it would be 
for the interests of the city that a lease of 
the premises for the purposes specified should 
be made. Without the consent of the said 
commissioners the premises leased shall not 
be used during the period of the lease for 
purposes other than specified in said resolu- 
tion. If the city shall, prior to the making 
of the lease, have entered upon the pos- 
session of the property, the lease may be 
made to commence as of the date when the 
occupation commenced. 

Cession of certain lands to federal government 

to improve Harlem river. 

Sec. 218. The commissioners of the sinking 
fund, or the municipal assembly, are author- 
ized to cede and convey to the United States, 
upon such terms and for such consideration 
as may be agreed upon by and between said 
commissioners of the sinking fund, or said 
municipal assembly and the United States, 
ali .the estate, right, title and interest of the 
city of New' York in and to any part of the 
land required for the channel to connect the 
waters of the Harlem river with the Hudson 
river, in accordance with the plans for the im- 
provement of the Harlem river, prepared un- 
der the direction of the secretary of war. 
Whenever any part of said land shall have 
been ceded by said commissioners of the 
sinking fund, or said municipal assem- 
bly, pursuant to the authority hereby 
given, it shall be the duty of said com- 
missioners of the sinking fund or a majority 


of them, to give a certificate under their 
hands, that the same has been ceded, pur- 
suant to the provisions of this section, and 
upon the production of such certificate and 
upon proof of due compliance, on the part 
of the United States, with the terms of ces- 
sion, it shall be the duty of the mayor of 
said city' and the city clerk, in the name and 
on behalf of the city of New York, to execute 
a proper conveyance of such lands under their 
hands and the seal of said city. 

Certain duties of commissioners relative to 

docks, piers, etc. 

Sec. 219. The commissioners of the sinking 
fund shall perform the duties and possess the 
powers with reference to docks, piers and 
slips, stated in chapter XVI of this act. 

Sale of public lands at auction. 

Sec. 220. The commissioners of the sinking 
fund are authorized upon the application of 
the board of education duly authorized and 
certified, to sell at public auction at such 
times and on such terms as they may deem 
most advantageous for the public interest, 
any land or lands and the buildings thereon, 
owned by the city of New York, occupied or 
reserved for school purposes, and no longer 
required therefor, provided, however, that no 
property shall be disposed of for a less sum 
than the same may be appraised by the 
commissioners of the sinking fund, or a ma- 
jority of them, at a meeting to be. held and 
on an appraisement made within two months 
prior to the date of the sale; and at least 
thirty days’ notice of such sale, including a 
description of the property to be sold, shall 
be published in the City Record. The money 
received in payment for the said lands and 
buildings shall be paid Into the sinking fund 
for the redemption of the city debt, if the 
property thus sold was acquired prior to Jan- 
uary 1, 1898; and if acquired subsequent 
thereto, into the sinking fund of the city of 
New York. 

TITLE 5. 

APPROPRIATIONS AND THE BOARD 
OF ESTIHATE AND APPOR- 
TIONMENT. 

How constituted; duties; the annual budget. 

Sec. 226. The mayor, controller, corporation 
counsel, president of the council and the pres- 
ident of the department of taxes and assess- 
ments shall constitute the board of estimate 
and apportionment. The first meeting of said 
board in every year shall be called by notice 
from the mayor, personally served upon the 
members of said board. Subsequent meetings 
shall be called as the said board shall direct. 
At such meetings the mayor shall preside, 
and one of the number shall act as secretary. 
The said board shall annually, between the 
first day of October and the first day of No- 
vember, meet, and by the affirmative vote 
of all the members make a budget of the 
amounts estimated to be required to pay the 
expenses of conducting the public business 
of the city of New York as constituted by 
this act, for the then next ensuing year. Such 
budget shall be prepared in such detail as 
to the aggregate sum and the items thereof 
allowed to each department, bureau, office, 
board of commission as the said board of es- 
timate and apportionment shall deem advisa- 
ble. In order to enable said board to make such 
budget, the heads of departments, bureaus, 
offices, boards and commissions shall, at least 
30 days before the said budget is hereby re- 
quired to be made, send to the board of esti- 
mate and apportionment an estimate in writ- 
ing, herein called a departmental estimate, of 


THE CHARTER FOR THE GREATER NEW YORK. 


29 


the amount of expenditure, specifying in de- 
tail the objects thereof, required in their re- 
spective departments, bureaus, offices, boards, 
and commmissions, including a statement of 
each of the salaries of their officers, clerks, 
employes and subordinates. Duplicates of 
these departmental estimates and statements 
shall be sent at the same time to the munici- 
pal assembly. Before finally determining up- 
on the budget the board of estimate and ap- 
portionment shall fix such sufficient time or 
times as may be necessary to allow the tax- 
payers of said city to be heard in regard there- 
to, and the said board shall attend at 'the time 
or times so appointed for such hearing. After 
such budget is made by the board of estimate 
and apportionment it shall be signed by all 
the members thereof, and submitted by said 
board within ten days to the municipal assem- 
bly, whereupon a special joint meeting of the 
two houses constituting the municipal assem- 
bly shall be called to consider such budget, and 
the same shall simultaneously be published in 
the City Record. The president of the coun- 
cil shall preside at such joint meeting, and it 
shall be the duty of said two houses to consider 
and investigate carefully the said budget; but 
such consideration and investigation shall not 
continue beyond fifteen days. The municipal 
assembly, by a majority vote by all the mem- 
bers elected thereto, may reduce the said sev- 
eral amounts fixed by the board of estimate 
and apportionment, except such amounts as 
are now or may hereafter be fixed by law, and 
except such amounts as may be inserted by the 
said board of estimate and apportionment for 
the payment of state taxes and payment of in- 
terest and principal of the city debt, but the 
municipal assembly may not increase such 
amounts nor Insert any new items. Such ac- 
tion of the municipal assembly on reducing 
any item or amount fixed by the board of esti- 
mate and apportionment shall be subject to 
the veto power of the mayor as elsewhere pro- 
vided in this act, and unless such veto is over- 
ridden by a five-sixths vote of the joint as- 
sembly the item or amount as fixed by the 
board of estimate and apportionment shall 
stand as part of the budget. After the final 
estimate is made in accordance herewith, it 
shall be signed by the president of the coun- 
cil and the members of the board of estimate 
and apportionment, and when so signed the 
said several sums shall be and become appro- 
priated to the several purposes and depart- 
ments therein named. The said estimate shall 
be filed in the office of the controller and pub- 
lished in the City Record and corporation 
newspapers. 

Payment of city's obligations to be provided 

for. 

Sec. 227. It shall he the duty of the hoard 
of estimate and apportionment, from time to 
time, to provide for the payment of the inter- 
est and principal of the bonds and other ob- 
ligations of the city, or for which the city is 
liable, and also to provide for the payment 
to the commissioners cif the sinking fund of 
any sums directed hy special laws 'to he paid 
to said commissioners on account of such 
bonds or obligations and in anticipation of 
their maturity, and to provide for the rais- 
ing of the money therefor, in accordance with 
euch special laws and the laws under which 
such bonds and obligations -were issued or 
created. 

Duties when accumulations in sinking fund are 

insufficient. 

Sec. 228. Whenever and as often as the 
commissioners of the sinking fund shall cer- 
tify 'to the beard of estimate and apportion- 
ment that the accumulations in any sinking 


fund will not 'be sufficient to meet the pay- 
ment cf any bonds or stocks falling due in 
the next following calendar year redeemable 
therefrom, it shall be the duty of said board 
of estimate and apportionment, and it is 
hereby required, to include in the annual 
budget for such year, to be raised by tax on 
the estates, real and personal, in said city, 
subject to taxation, such an amount to be 
applied to the payment cif said bonds or 
stocks os shall he certified hy said commis- 
sioners, and the amount so included in said 
estimate shall be paid into said sinking fund 
and applied as in this section specified. 

Certain city bonds and stocks. Annual provis- 
ions to meet payment of. 

Sec. 229. For the payment of all bonds and 
stocks of the mayor, aldermen and common- 
alty of the city of New York issued after 
June third, one thousand eight hundred and 
sevenity-eight, and for the payment of all 
bond® and stocks hereafter issued by the city 
of New York, as hereby constituted, and for 
which no provision for the payment thereof 
otherwise than from taxation is made, except 
revenue bonds issued in anticipation of the 
collection of taxes, there shall annually be 
set apart or paid over to the commissioners 
of the sinking fund, as hereinafter directed, 
and invested hy them in the manner provided 
by law, a sum sufficient with the accumula- 
tion of interest thereon to meat and discharge 
the amount of said bonds or stocks by the 
time the same shall be payable, as the same 
shall be estimated and certified by the con- 
troller. The said annual sum so to be set 
apart or paid over and invested, except so 
far as it relates to bonds and stocks issued 
on or after January first, one thousand eight 
hundred and ninety-eight, and bonds issued 
to provide for the supply of water, shall, un- 
til other provision therefor may be hereafter 
made by law, be set apart out of the surplus 
income, revenues and accumulations of the 
sinking fund for the redemption of the city 
debt a.s now established by law, after fully 
providing for the payment of the stocks and 
bonds of said city now outstanding, and which 
by sections 212 and 213 of this act are de- 
clared to be and are made preferred claims 
upon said sinking fund, and also for the pay- 
ment of such other bonds and stocks of said 
city as by said section 213 of this 
act are authorized to be paid from 
said sinking fund. Whenever and as 
often as the commissioners of the sink- 
ing fund shall certify to the board of estimate 
and apportionment that the said surplus rev- 
enues of said sinking fund will, In the opinion 
of said commissioners, be less than the 
amount ’by this section required to be set 
apart or paid over to said commissioners for 
the purposes aforesaid, and certifying the 
amount of such deficiency, it shall be the duty 
of said board of estimate and apportionment 
and the municipal assembly to include in the 
annual budget for the year next ensuing to 
be raised by tax on the estates real and per- 
sonal in said city subject to taxation, the 
amount of the deficiency certified as aforesaid, 
and this amount so raised by tax shall be 
paid to the commissioners of the sinking fund 
on the first day of November of the year in 
which the same shall be levied. 

Items to be included in annual estimate. 

Sec. 230. The board of estimate and appor- 
tionment shall annually include in its final 
estimate the following sums, which shall an- 
nually be raised and appropriated: 

First— 'Such sum in any year, as shall be 
included in the estimate of the department 
of highways, bo 'be expended in repaving or 
resurfacing such streets, roads, avenues, and 


public places in the said city as shall be cer- 
tified 6o the municipal assembly by the com- 
missioner of highways as required to be re- 
paved for the safety, health, or convenience 
of the public, and as said assembly shall by 
ordinance or resolution direct. 

Second — Such sum as said board may deem 
necessary in the interest cif the city, to be ex- 
pended by the commissioner of water supply, 
when thereto authorized by the municipal as- 
sembly, according to law, in extending and en- 
larging the distribution of water through the 
city. 

Third — All necessary sum or sums otf money 
for the purpose of paying the expense in- 
curred by any coroner, in accordance with 
law, In employing scientific experts, engi- 
neers and toxicologists. 

Fourth — The amount fixed by said board for 
clerk hire and contingent and incidental ex- 
penses of the office of the commissioners of. 
jurors, but not exceeding the amount fixed 
by law. 

Fifth — A sum not exceeding eight thousand 
dollars to be paid to the trustees of the Sev- 
enth regiment armory building, as an equiv- 
alent and in lieu of the rental of am armory 
for said regiment, to be applied to tbe preser- 
vation, maintenance and improvement otf 
said armory building, as provided in chapter 
518 of tbe laws of 1893, said sum to be paid 
in the month of January in each year. 

Sixth — The sum or sums authorized to be 
expended in accordance with law for the pur- 
chasing and leasing of lands and the erection 
or leasing of buildings for armories and drill 
rooms. 

Seventh — The amount necessary for the 
maintenance of the buildings, instruments 
and equipments of 

1. The meteorological and astronomical 
observatory. 

2. The American Museum of Natural His- 
tory, not exceeding ninety-five thousand 
dollars. 

3. The Metropolitan Museum of Art, not 
exceeding ninety-five thousand dollars. 
Eighth — Such sum, not exceeding seventy- 

five thousand dollars, as is included in the 
departmental estimates submitted to it by 
the department of public charities, to be ap- 
plied to the relief of poor adult blind persons. 

Ninth — The sum of ten thousand dollars to 
the credit of the department of health, to ba 
known as the tenement house fund, to be ex- 
pended by the board of health. 

Tenth — Such sum as is necessary to pay the 
expenses of the registration and revision of 
registration required by law, and of all 
elections held in said city during the year. 

Eleventh — Such sum as may he necessary 
to pay the compensation payable according to 
law to justices of the supreme court from 
judicial departments, other than the first 
judicial district, who hold court in the first 
judicial department. 

Twelfth — Such sum as may he necessary to 
pay the salaries of county officers within the 
counties of New York, Kings and Richmond, 
and likewise all other expenses within said 
counties and each of them which are county 
as distinguished from city charges and ex- 
penses. 

Thirteenth — The amount necessary for the 
support of the night medical service; but in 
no case shall the sum so appropriated exceed 
three thousand ollars for any one year, unless 
otherwise provided by said board and the mu- 
nicipal assembly. 

Fourteenth — To pay the proportion of ex- 
pense chargeable to the city for the building, 
maintenance and repair of the public bridges, 
which are now built, or which may hereafter 
be built, between the city of New York, as 


30 THE CHARTER FOR THE GREATER NEW YORK. 


hitherto existing, and the adjacent municipal 
corporations. 

Fifteenth — The amount; necessary to pay 
the expense of procuring and preparing sur- 
veys and maps for commissioners of estimate 
and assessments, appointed in any proceeding 
to open any street, avenue or public park or 
place. 

Sixteenth — The sum necessary to pay the 
salaries of the janitors of the district courts. 

Seventeenth — Such sum as is necessary for 
defraying the expenses incurred in carrying 
out the provisions of sections 1,093, 1,094 and 
1,095 of chapter 410 of the laws of 1882. 

Eighteenth — Such sum as may be necessary 
to pay the expenses of the magistrates’ courts 
and the board of city magistrates incurred in 
accordance with law. 

Nineteenth — Such sum as may be necessary 
to provide for the compilation and publication 
of the registry of voters. 

Twentieth — -Such sum as may be required by 
the trustees of the College of the City of New 
York, pursuant to section 1,131 of this act. 

Twenty-first — Such sum as may be required 
hy the trustees of the normal college, in the 
city of New York, pursuant to the provisions 
of section 1,142 of this act. 

Twenty-second — The sums necessary, in 
the discretion of said board, to make the fol- 
lowing described payments, namely: 

1. To the American Female Guardian so- 
ciety for the maintenance of each girl under 
the age of fourteen and each boy under 
the age of ten years, committed to such so- 
ciety by any magistrate in the city of New 
York, the sum of $2 per week for each and 
every week until such child Is discharged or 
removed from the institution of such society. 
And also the sum of $25,000, to be applied to 
the support of the industrial schools and other 
charitable work of the said society. 

2. To the New York Society for the Preven- 
tion of Cruelty to Children the sum of $30,000 
for the uses and purposes of said society. 

3. To the New York Society for the Relief 
of the Ruptured and Crippled, the sum of 
$150 for the support of every crippled child 
received and retained in their hospital for one 
year, and a proportionate sum for a shorter 
periods 

4. To the New York Infirmary for Women 
and Children, $25 for each homeless or needy 
mother who received care and attendance in 
lying-in wards of the New York infirmary 
for women and children, for such care and 
obstetric attendance, and the further sum of 
$1S per month, and proportionately for any 
fraction of a month, for each mother thus 
domiciled and attended at the birth of her 
Child, and for each homeless or needy mother 
with a nursing infant who resides at said in- 
firmary at the request of or by permission of 
Its officers, and wet nurses her own infant, 
provided such residence shall exceed the 
period of two months, hut the said monthly 
'allowance of $18 shall not be paid for a long- 
er period than cne year for any mother so re- 
maining continuously. And to the New York 
medical college and hospital for women, $25 
for each needy mother who has received care 
and obstetric attendance at her home or in the 
lying-in wards of the said hospital, for such 
care and obstetric attendance, and the further 
sum of $18 per month and proportionately for 
each fraction of a month for. each mother at- 
tended at the birth of her child and domiciled 
at such hospital, but not for a longer period 
than one year, and also for each homeless or 
needy mother with a nursing infant who re- 
sides at s<iid hospital at the request of or by 
permission of its officers and wet nurses her 
own infant, provided such residence shall ex- 
teed the period of two months. But such sums 


to the New York medical college and hospital 
for women shall not exceed $8,000 in the ag- 
gregate In any one year. 

5. To the children's fold of the city of New 
York, the sum of $2 per week for each and 
every orphan, half orphan and destitute child 
received and supported hy said institution, the 
expense of whose support is not paid by pri- 
vate parties. 

6. To the New York Institution for the 
Blind, $50 for each state pupil sent to and 
received in said Institution from said city, 
whose parents or guardians shall, In the opin- 
ion of the superintendent of public instruc- 
tion, be unable to furnish them with suitable 
clothing, to be by it applied to furnishing such 
pupils with suitable clothing while in said 
institution. 

7. To the Children's Aid society, the sum 
of $10,000 for the uses and purposes of said 
society. And also the sum of $30,000 to be 
applied to the care and education In the in- 
dustrial schools of said city, of destitute 
children not attending the common schools 
in the city of New York. And also the sum 
of $30,000 to be applied to the support of 
the boys’ and girls’ lodging houses of the 
Said society. To St. John’s guild of the 
City of New York the sum of $30,000, to be 
applied to the maintenance and operation of 
its hospitals, to the support of its other char- 
itable work and to the general uses and 
purposes of said society, and to the Sanitarium 
for Hebrew Children in the city of New 
York, the sum of $5,000 to be applied to the 
support of its charitable work. 

8. To the foundling asylum of the Sisters of 
Charity and to the Babies’ hospital of the 
city of New York, respectively, at the rate 
of 38 cents per day for each and every found- 
ling or infant received and maintained by 
them. And also for each and every homeless 
and needy mother with a nursing Infant, who 
shall reside at the asylum, or at said hos- 
pital, by request of its officers, and nurse 
her own Infant, the sum of $18 per month. To 
the babies’ wards of the Post-Graduate hos- 
pital in the city of New York, at the rate of 38 
cents per day for each and every infant re- 
ceived and cared for therein. 

9. To the Nursery and Child’s hospital, the 
sum of five dollars per week for every desti- 
tute woman admitted into its lying-in wards, 
according to the time of the said woman’s 
continuing under the care of the said insti- 
tution, and the further sum of ten dollars per 
month for each and every child born in the 
institution or supported and maintained by 
said institution, whenever it may be neces- 
sary or expedient to place said child in the 
country, or for want of room in the institu- 
tion to find accommodation for it elsewhere; 
and also the sum of ten dollars per month 
for all children received and retained In the 
Nursery and Child’s hospital, in the city of 
New York, and in like proportion for any 
fraction of a year for each and every desti- 
tute child which may be supported and main- 
tained in said institution. To the New York 
Polyclinic Medical school and hospital, for 
board, nursing and medical or surgical aid 
and attendance, one dollar per day for each 
needy and charity patient who occupies a bed 
in said hospital and who receives such care, 
support and maintenance; such payments not 
to exceed in the aggregate thirty thousand 
dollars per annum. To the New York Homeo- 
pathic college and hospital, for hoard, nurs- 
ing and medical or surgical aid and attend- 
ance, one dollar per day for each needy and 
charity patient who occupies a bed in the 
Flower Surgical hospital, belonging to said 
New York Homeopathic College and hospital, 
and who receives such care, support and main- 
tenance; such payment not to exceed in the 


aggregate twelve thousand dollars per an- 
num. 

10. To the New York Infant asylum, a sum 
of money at the rate of thirty-edght cents 
per day, in monthly payments, for each and 
every child received and maintained by said 
asylum; a further sum of twenty-five dollars 
for each homeless or needy mother who re- 
ceives care and attendance in the lying-in 
wards of the asylum; the further sum of eight- 
een dollars per month, and proportionately 
for any fraction of a month, for each homeless 
or needy mother who is domiciled in the 
asylum and attended at the birth of her child, 
and resides at the asylum by the request of 
its officers, and wet nurses her own Infant; 
and for each other homeless or needy mother 
with a nursing infant who resides at the 
asylum by the request of its officers and wet 
nurses her own infant; provided, however, 
that in each case such residence must exceed 
the period of two months, and that said month- 
ly allowance shall not be paid for a longer 
period than for one year for any mother so 
remaining. 

11. To the Shepherd’s fold of the Protestant 
Episcopal church in the state of New York, 
the sum of five thousand dollars, to be ap- 
plied to the purposes and objects of said cor- 
poration. 

12. To the New York Catholic Protectory, 
yearly, the sum of one hundred and ten dol- 
lars per capita, on the average number of per- 
sons annually maintained in its institutions; 
the average number of persons thus maintain- 
ed shall be ascertained by the examination 
and testimony, under oath, of the president or 
secretary of said society. 

13. To the Hebrew Benevolent society of 
the city of New York, one hundred and ten 
dollars per annum and proportionately for 
any fraction of a year, and to the Hebrew 
Sheltering Guardian society of New York, 
one hundred and four dollars per annum and 
proportionately for any fraction of a year 
for each orphan, half orphan and indigent 
child committed or intrusted to its oare in 
pursuance of the provisions of law. 

14. To the New York Juvenile asylum, one 
hundred and ten dollars per annum, and pro- 
portionately for any fraction of a year, for 
each child, which, by virtue and in pursu- 
ance of the provisions of chapter three hun- 
dred and thirty-two of the laws of eighteen 
hundred and fi^ty-one, as amended by laws 
of eighteen hundred and fifty-eight, chapter 
forty-three, lawsj of eighteen hundred and 
sixty-three, chapter ninety-four, and laws of 
eighteen hundred and sixty-six, chapter two 
hundred and forty-five, shall be intrusted or 
committed to the said asylum and shall be 
supported and instructed therein. 

15. To the Roman Catholic House of the 
Good Shepherd, monthly payments at the rate 
of one hundred and ten dollars per annum 
for each female, between the ages of fourteen 
and twenty-one, committed to it by any mag- 
istrate in accordance with chapter four hun- 
dred and nine of the laws o'f eighteen hun- 
dred and sixty-seven. 

16. To the Magdalen Female Benevolent 
Asylum and Home for Fallen Women, month- 
ly payments at the rate of one hundred and 
ten dollars per annum for each female, be- 
tween the ages of fourteen and twenty-one 
years, committed to it by any magistrate, in 
accordance with said last mentioned law. 

17. To the Protestant Episcopal House of 
Mercy, monthly payments at the rate of one 
hundred and ten dollars per annum for each 
female between the ages of fourteen and 
twenty-one years, committed to it by any 
magistrate in accordance with said last men- 
tioned law. 

18. To the Five Points House of Industry, 


THE CHARTER FOR THE GREATER NEW YORK. 


31 


the sura of fifty-two dollars per year for each 
ar.d every orphan, half orphan and destitute 
child, not exceeding two hundred children in 
any one year, received and supported by said 
Institution for each year, the expense of 
whose support is not paid by private parties, 
and in the same proportion for the part of 
a year. 

19. To the Association for Befriending Chil- 
dren and Young Girls, a per capita allow- 
ance of one dollar a week fcr each female 
by it rescued, supported, instructed and train- 
ed to useful employment. 

20. To the Peabody Home for Aged and In- 
digent Women, the sum of one hundred and 
fifty dollars per annum tor each and every 
woman therein over sixty-five years of age 
received and supported by said institution, 
not exceeding, however, the sum of five thou- 
sand dollars in any one year, and to the Sloan 
Maternity hospital in the city of New York, 
the sum of five dollars per ‘week for every 
destitue woman admitted mto its lying-in 
ward, according to the time of the said wom- 
an continuing under the care of the said 
Institution, and the further sum of ten dol- 
lars per month for each and every child born 
in the institution or supported and maintain- 
ed by said institution, but such sums shall 
not exceed eight thousand dollars in any one 
year. And to the New York Female asylum 
for lying-in women, twenty-five dollars for 
each homeless and needy mother who has 
received care and attention in the lying-in 
ward of the asylum, -for such care and ob- 
stetric attendance, but such sums shall not 
exceed eight thousand dollars in any one year. 

21. To the Mothers’ and Babies’ hospital, fif- 
teen dollars for each homeless and needy 
mother who has received care and attention 
in the lying-in ward of the hospital, for suoh 
care and obstetric attendance, not to exceed 
three hundred patients in any one year. 

22. Such other sum or sums as are, or may 
bd by law directed to be raised and paid 
fcr charitable purposes or to private or in- 
corporated societies, associations, asylums, 
hospitals, corporations, institutions, protec- 
tories, home or schools. 

23. The board of estimate and apportion- 
ment are hereby authorized in their discre- 
tion to include in their annual statements 
and estimates the following specified sums 
of money for the respective purposes herein 
stated, namely: Four thousand dollars to be 
paid to the Brooklyn hospital (formerly City 
hospital); four thousand dollars to be paid to 
the Long Island College hospital; four thou- 
sand dollars to be paid to the Brooklyn Home- 
opathic hospital; fifteen hundred dollars to 
be paid to the Brooklyn Central dispensary; 
fifteen hundred dollars to be paid to the 
Brooklyn City dispensary; fifteen hundred 
dollars to be paid to the Brooklyn Eclectic 
dispensary; fifteen hundred dollars to be paid 
to the Brooklyn Homeopathic dispensary; five 
thousand dollars to be paid to the Brooklyn 
Eastern District dispensary and hospital 
(formerly the Williamsburgh dispensary); 
fifteen hundred^dollars to be paid to the Long 
Island College dispensary; fifteen hundred 
dollars to be paid to the Gates avenue Home- 
opathic dispensary; four thousand dollars to 
be paid to the Brooklyn Nursery and Infants’ 
hospital; fifteen hundred dollars to be paid 
to the Brooklyn Eastern District Homeopa- 
thic dispensary (formerly the Williamsburgh 
Homeopathic dispensary); twenty-five hun- 
dred dollars to be paid to the Brooklyn ma- 
ternity (formerly Brooklyn lying-in asylum); 
twenty-five hundred dollars to be paid to the 
Eye and Ear hospital of the city of Brook- 
lyn; one thousand dollars to be paid to the 
Southern dispensary and hospital; fifteen hun- 
dred dollars to be paid to the Orthopedic dis- 


pensary; four thousand dollars to be paid to 
the Saint Peter’s hospital; fifteen hundred 
dollars to be paid to the Saint Peter's dis- 
pensary; two thousand dollars to be paid to 
the Atlantic avenue dispensary; one thou- 
sand dollars to be paid to the Saint Mary’s 
dispensary; two thousand dollars to be paid 
to the Brooklyn Diet dispensary; fifteen hun- 
dred dollars to be paid to the Saint Cathar- 
ine’s dispensary; four thousand dollars to 
be paid to the Saint Catharine’s hospital; 
one thousand dollars to be paid to the Help- 
ing Hand society of Brooklyn; one thousand 
dollars to be paid to the Sheltering Arms 
nursery of Brooklyn; four thousand dollars 
to be paid to the Brooklyn Home for Con- 
sumptives; four thousand dollars to be paid 
to the Memorial hospital for Women and 
Children; four thousand dollars to be paid 
to the Saint Mary’s general hospital of the 
city of Brooklyn; fifteen hundred dollars to 
be paid to the Central Homeopathic dispen- 
sary; fifteen hundred dollars to be paid to the 
Memorial dispensary; fifteen hundred dollars 
to be paid to the Bushwick and East Brook- 
lyn dispensary; fifteen hundred dollars to be 
paid to the Dispensary of the College of 
Physicians and Surgeons of Saint Mary’s 
hospital of the city of Brooklyn; four thou- 
sand dollars to be paid to the Methodist Epis- 
copal hospital of the city of Brooklyn; two 
thousand dollars to be paid to the Saint 
Mary’s Female hospital; fifteen hundred dol- 
lars to be paid to the Lutheran Hospital 
association of the city of New York and vic- 
inity; four thousand dollars to be paid to the 
Brooklyn Throat hospital; two thousand dol- 
lars to be paid to the Bedford dispensary 
and hospital; six thousand dollars in the 
statement and estimate in the year eighteen 
hundred and ninety-six and four thousand 
dollars in each year thereafter to be paid to 
the Saint Martha’s sanitarium and dispen- 
sary; three thousand dollars to be paid to the 
Central Throat hospital and Polyclinic dis- 
pensary; three thousand dollars to be paid 
to the Long Island Throat hospital and Eye in- 
firmary (formerly the Long Island Throat and 
Lung hospital and People’s dispensary associ- 
ation); four thousand dollars to be paid to the 
Norwegian Lutheran Deaconesses’ home and 
hospital; two thousand and five hundred dol- 
lars to be paid to the Brooklyn Home for 
Aged Colored People, three thousand dollars 
to be paid to the St. Mary’s Maternity and 
Infants’ home; two thousand dollars to be 
paid the Memorial Training School for 
Nurses; four thousand dollars to be paid to 
the Church Charity Foundation of Long Isl- 
and for its hospital: twenty-five hundred dol- 
lars to be paid to the Home of St. Giles the 
Cripple; three thousand dollars to be paid to 
the Bushwick hospital; four thousand dollars 
to be paid to the Brooklyn So- 
ciety for the Prevention of Cruelty 
to Children; two thousand dollars to 
be paid to the Brooklyn Training school 
and Home for Young Girls; fifteen hundred 
dollars to be paid to the dispensary of the 
Methodist Episcopal hospital; twenty-five 
hundred dollars to be paid to the Low mater- 
nity; fifteen hundred dollars to bo paid to the 
Brooklyn Hospital dispensary; two thousand 
dollars to be paid to the Society for the Aid 
of Friendless Women and Children; two thou- 
sand dollars to bo paid to the Stone materni- 
ty of Brooklyn; fifteen hundred dollars to be 
paid to St. Phebe’s mission; fifteen hundred 
dollars to be paid to the Orphan Asylum So- 
ciety of the City of Brooklyn; four thousand 
dollars in the statement and estimate in the 
year eighteen hundred and ninety-six, and 
two thousand five hundred dollars in each 
year thereafter to be paid to the Industrial 
Home for the Blind; one thousand dollars to 


be paid to the Homeopathic Hospital associa- 
tion of Brooklyn; fifteen hundred dollars to 
be paid to the Brooklyn Industrial School as- 
sociation and Home for Destitute Children; 
fifteen hundred dollars to be paid to 

the Industrial Home School association 
of Brooklyn, eastern district; twenty- 
five hundred dollars to be paid to the Ma- 
ternity of the Long Island College hospital; 
fifteen hundred dollars to be p*id to the 

Twenty-sixth Ward Homeopathic dispensary; 
such several sums of money to be paid to the 
several institutions in consideration of their 
contracting to render and rendering medical 
and surgical aid and treatment to the poor 
of the county of Kings who may apply to 
them therefor; such contract to be in writ- 
ing, executed on behalf of the city by the 

said mayor and controller, and also by the 

executive officers of said associations respect- 
ively, and to be approved by the counsel to 
the corporation of said city, to be filed an- 
nually on or before the thirty-first day cf 
May, in the office of the clerk of said city. 

24. Any other sum or sums which may here- 
tofore have been duly authorized by law to be 
paid by tax within the city of New York, or 
any part thereof, as constituted by this act, 
for the education and support of the blind, the 
deaf and dumb and juvenile delinquents, and 
for the care, support, maintenance and 
secular education of inmates of orphan asy- 
lums, protectories, homes for dependent chil- 
dren or correctional institutions, or to char- 
itable, eleemosynary, correctional and reform- 
atory institutions, wholly or partly under pri- 
vate control for care, support and mainte- 
nance, as in such law specified. The final esti- 
mate shall specify each institution by its cor- 
porate name and the sum to be paid thereto, 
with a reference to the laws authorizing the 
appropriation; and the controller is authorized 
to pay the sum to such institution upon its 
appearing to his satisfaction in such manner 
as he shall prescribe that the expenditure 
thereof by the institution is lawful and proper. 

Board of estimate to audit charges against 

city for costs, etc. 

Sec. 231. The board of estimate and appor- 
tionment is hereby authorized to audit and 
allow, as charges against the city, the reason- 
able costs, counsel fees and expenses paid 
or incurred, or which shall hereafter be paid 
or incurred by any commissioner, city magis- 
trate or police justice who shall have been a 
successful party in any proceedings or trial 
to remove him from office, or who shall bring 
or defend any action or proceeding, in which 
the question as to bis title to office is in any 
way presented, or involved, or in which it is 
sought to convict him, or to review or pro- 
hibit any such removal or to obtain posses- 
sion of his office, or by any commissioner for 
the proper presentation and justification of 
his official conduct before any body or tribu- 
nal lawfully investigating the same, and not 
officially recommending his removal from 
office. The board of estimate and apportion- 
ment and the municipal assembly are 
hereby authorized and directed to cause 
to be included in the budget for 
the year following such audit, an 
amount sufficient to pay the revenue bonds 
directed to be issued by the said controller 
pursuant to section 188 of this act, with all 
interest due or to become due thereon. 
Deficience s : how provided for. 

Sec. 232. The amount raised by assessment, 
pursuant to the provisions of chapter 191 or 
the laws of 1880, shall be collected and paid 
into the city treasury, and applied toward the 
payment of revenue bonds issued under said 
chapter. If any deficiency shall arise from 


I 


32 


THE CHARTER FOR THE GREATER NEW YORK. 


any cause, and a sufficient amount shall not 
be realized from such assessment to pay 
$50,000 of the revenue bonds issued pursuant 
to said chapter, with the interest thereon, 
such deficiency shall be provided for by the 
board of estimate and apportionment and 
the municipal assembly, by including the 
same in the annual appropriation first made, 
after the amount of such deficiency, if any, 
shall be ascertained. 

Salaries of certain officers. 

Sec. 233. The salaries of all officers paid 
from the city treasury not embraced in any 
department shall be fixed 'by the municipal 
assembly, and the board of estimate and ap- 
portionment, unless otherwise provided by 
law or by this act 

List of persons and salaries not within a de- 
partment. 

Sec. 234. The board of estimate and appor- 
tionment shall file with the final estimate 
during the month of December in each year 
a schedule of the names of all persons not 
within a department employed under the city 
government, the designation of their offices 
and employment, respectively, and the sal- 
aries and compensation fixed for each, which 
said schedule shall be published in the City 
Record. 

Issue of certain stock and bonds authorized; 

transfers of appropriations. 

Sec. 235. The board of estimate and appor- 
tionment may at any time, as occasion may 
require, by the affirmative vote of three 
members, authorize the issue of any stocks 
or bonds for the purpose of withdrawing, or 
taking up at maturity any stocks or 'bonds 
outstanding; but the said bonds or their pro- 
ceeds shall be applied exclusively to the pay- 
ment, purchase, and extinction of such matur- 
ing bonds In such manner that the aggregate 
of the stocks or 'bonds of said city outstand- 
ing shall not be increased thereby for a long- 
er period than is necessary In effecting said 
change. The said board of estimate and ap- 
portionment may, from time to time, on the 
application of the head of any department, 
authorize the transfer, from one bureau or 
purpose to another in the same department, 
of any sum theretofore appropriated for the 
purpose of such department or bureau. 

Appropriation for prevention of contagious dis- 
eases. 

Sec. 236. For the prevention of dangers 
from contagious or infectious disease found to 
exist in any part of the city, or for the care 
of persons exposed to- danger from contagious 
or infectious diseases, the municipal assembly 
and the board of estimate and apportionment 
may appropriate to the use of the health de- 
partment money in excess of the annual esti- 
mate and appropriation for any year to the 
amount that Shall be declared necessary for 
such purpose by resolution of the board of 
health; not, however, to exceed, in the ag- 
gregate, the sum of eighty thousand dollars 
in excess of such annual appropriation, and 
if any sum or sums of money shall be so ap- 
propriated by said municipal assembly and 
aaid board of estimate and apportionment in 
any year prior to the date of the certificate 
of the controller to the municipal assembly 
of the aggregate amount of the budget for 
such year, the amount thereof shall be add- 
ed to such final estimate, and included in the 
tax levy in such year. 

Board of estimate may transfer excess of ap- 
propriations. 

Sec. 237. The board of estimate and appor- 
tionment shall have the power at any time 


to transfer any appropriation for any year 
which may be found, by the head of the de- 
partment for which such appropriation shall 
have been made, to be in excess of the amount 
required or deemed to be necessary for the 
purposes or objects thereof, to such other pur- 
poses or objects for which the appropriations 
in such year are insufficient, or such as may 
require the same. But nothing in the power 
thus conferred shall authorize the transfer by 
said board of appropriation made for any ob- 
ject or purpose, in one year, to any purpose 
or object, whether an appropriation has been 
made therefor or otherwise, in any subse- 
quent year. And any balance of appropriations 
remaining unexpended at the close of any 
fiscal year, after allowing sufficient to satisfy 
all claims payable therefrom, and also any 
balance to the credit of any account of moneys 
which have been or may hereafter be paid 
into the treasury of the city, under existing 
laws, appropriated or authorized to be ex- 
pended for any specific purpose, and which 
the said board of estimate and apportionment 
may determine not to be necessary, or to be 
in excess ot the amount required therefor, 
may, at any time, but not less than sixty 
days after the expiration of the year for 
which such appropriations are made, or sixty 
days after the expiration of the year dur- 
ing which the moneys aforesaid were paid into 
the treasury of the city, after allowing suffi- 
cient to satisfy all claims payable from such 
appropriations, or which the controller shall 
certify, should be paid from said moneys paid 
into the treasury, as aforesaid, be transferred 
by the controller, with the approval of the 
said board of estimate and apportionment, to 
the general fund of the city, and applied to 
the reduction of taxation. The approval by 
the board of estimate and apportionment of 
the certificate of the controller, as aforesaid, 
shall be an appropriation of the amounts 
therein stated to the object or purposes in 
said certificate specified. 

Appropriations out of excise moneys to Home 

for Girls. 

Sec. 238. There may be paid annually, out 
of the excise moneys of the City of New York, 
to the Home for Fallen and Friendless Girls, 
in said city, the sum of $150, for the support 
of every fallen and friendless girl received 
and supported by said corporation in their 
Home for Fallen and Friendless Girls for the 
year for which such payment shall be made, 
and a proportional sum for a shorter period 
in the same year. 

Street sweeping contracts to be approved by 

board. 

Sec. 239. The terms and conditions of all 
contracts for streets sweeping and cleaning, 
or for the collection of ashes and garbage, 
shall, before they are entered into, be ap- 
proved by the board of estimate and appor- 
tionment. 

Excise moneys: how appropriated. 

Sec. 240. Said board of estimate and appor- 
tionment is authorized, from time to time, in 
sums according to its discretion, by resolution 
of said board, to appropriate from excise 
moneys obtained from either local or state 
boards or officers, for taxes or licenses for the 
sale of intoxicating liquors, to such benevolent 
or charitable institutions in said city which 
shall gratuitously aid, support or assist the 
poor thereof, as may seem to said board de- 
serving or proper, but no such resolutions 
shall be valid unless adopted by a majority 
vote of all the members of said board, and the 
controller shall draw his warrants in favor of 
such institutions respectively mentioned in 
such resolutions, according to the tenor there- 


of, and the chamberlain shall pay such war- 
rants cut of the said moneys received for li- 
censes. The term “poor,” as used in this 
section, shall only include persons who would 
otherwise become a charge upon said city, ae 
foundlings, orphans or such prostituted or 
fallen women or juvenile delinquents as may 
be committed to or cared for gratuitously, in 
rr by any reformatory institution, protectory 
or juvenile asylum, persons who are support- 
ed, relieved or cared for gratuitously, in 
or by any charitable institution for the care or 
relief of the ruptured or crippled, the cure of 
hip or spinal diseases, the sick or the desti- 
tute, friendless or infirm, including children 
of volunteers who died in the late civil war and 
the care and instruction of idiots, the deaf and 
dumb, the blind and the insane. No pay- 
ments shall be made in pursuance of this sec- 
tion, except as a per capita allowance for the 
poor and destitute persons actually supported, 
treated, cared for or educated in the institu- 
tions referred to in this section, except in the 
case of the American Female Guardian society 
and Home for the Friendless, the Children’s 
Aid society and the Shepherd’s Fold of the 
Protestant Episcopal church, which shall 
severally receive only the same amounts as 
provided by other provisions of law. The said 
board of estimate and apportionment is also 
authorized, from time to time, and in sums 
according to its discretion, to appropriate, by 
resolution of said board, all moneys derived 
from penalties and fines, recovered, pursuant 
to sections 1,473, 1,481 and 1,482 of this act, 
and all moneys from licenses, provided for 
in chapter 22, title 2 of this act, to what- 
ever benevolent or charitable institutions 
may seem to such board deserving or 
proper, but no such resolution shall be 
valid unless adopted by a vote of a majority 
of said board, and the controller of said city 
is hereby authorized and directed to draw 
his warrants in favor of the corporations, so- 
cieties or charitable institutions, respectively 
mentioned in 6uch resolution according to the 
tenor thereof, and the chamberlain of said 
city shall pay such warrants out of the sJid 
moneys received for such penalties, fines and 
licenses. 

Appropriations for contesting office to be made 

for prevailing party only. 

Sec. 241. No appropriation or payment for 
the contesting of the office of mayor, or any 
seat in the municipal assembly, or office in 
any department, or the office of any officer 
whose salary is paid from the city treasury, 
shall be made to any but the prevailing par- 
ty. Nor shall any such appropriations or 
payment be made to such prevailing party 
except upon the written certificate of the 
chief officer of the law department, and of 
the presiding justice of the appellate division 
of the first department of the supreme court, 
certifying who is such prevailing party, and 
the value of the services rendered in the 
case. In case an officer or clerk is ordered to 
be examined, in pursuance of law, the corpor- 
ation counsel shall assign some one from his 
department as counsel for the officer or 
clerk making the application. 

TITLE 6. 

LEVYING TAXES. 

Controller' s duties. 

Sec. 247. It shall be the duty of the con- 
troller of said the city of New York to pre- 
pare and submit to the municipal assembly, 
at least four weeks before their annual 
meeting, for the purpose of imposing the an- 
nual taxes, a statement, setting forth the 
amounts by law authorized to be raised by 


THE CHARTER FOR THE GREATER NEW YORK. 


33 


tax In that year, on account of the cor- 
poration of the city of New York, as hereby 
constituted, or for city purposes within said 
city, and also an estimate of the probable 
amounts of receipts by the city treasury dur- 
ing the then current year, from all the 
sources of revenue of said general fund, in- 
cluding surplus revenues from the sinking 
fund, available in accordance with law, other 
than the surplus revenues of the sinking 
fund, for the payment of the city debt, and 
the said municipal assembly are hereby au- 
thorized and directed to deduct the total 
amount of such estimated receipts from 
the aggregate amount of all the various 
sums which, by law, they are required to or- 
der, and cause to be raised by tax in said 
year, for the purposes aforesaid, and to cause 
to be raised, by tax only, the balance of said 
aggregate amount, after making such de- 
duction. 

Deficiencies; limits of; levies for. 

Sec. 248. It shall be the duty of the muni- 
cipal assembly to include, in any and every 
ordinance or resolution passed by them, im- 
posing and levying taxes for any purpose or 
purposes authorized by law, such sum, in 
addition to the aggregate amount required 
for such purposes, as they shall deem neces- 
sary, not exceeding three per cent, of said 
aggregate amount, to provide for deficiencies 
in the actual product of the amount imposed 
and levied therefor. 

Aggregate amount apportioned to be certified 

to municipal assembly and raised. 

Sec. 249. The aggregate amount estimated 
by the municipal assembly and the board of 
estimate and apportionment, in the annual 
budget, shall be certified by the controller 
to the municipal assembly; and it shall be 
the duty of said municipal assembly, in 
joint session of both houses, and they are 
hereby empowered and directed annually to 
cause to be raised, according to law, and 
collected by tax upon the estates, real and 
personal, subject to taxation within the city 
of New York, the amount so certified, as 
aforesaid. 

CHAPTER VII. 

LAW DEPARTflENT. 

Corporation counsel to be the head of the law 

department; duties, salary. 

Sec. 255. There sfiall be a law department of 
the city of New York, the head whereof shall 
be oalied the corporation counsel, who shall 
be the attorney .and counsel for tbe city of 
New York, the mayor, the municipal assembly 
and each and every officer, beard and depart- 
ment of said city. The salary of the corpora- 
tion counsel shall be fifteen thousand dollars 
a year. The corporation counsel shall have 
charge and conduct of ail the law business of 
the corporation and its departments and 
boards and of all law business in which the 
city of New York is interested. He shall have 
charge and conduct of the legal proceedings 
necessary in opening, widening, altering and 
closing streets, and in acquiring real estate 
or interests therein for the city by condemna- 
tion proceedings, and the preparation of all 
leases, deeds, contracts, bonds and other legal 
papers of the city, or of, or connected with any 
department, beard or officer thereof, and he 
shall approve as to form all such contracts, 
leases, deeds, bonds and other legal papers. 
He shall be the legal adviser of the mayor, 
the municipal assembly and the various de- 
partments, beards and officers and io shall be 
his duty to furnish to the mayor, the munici- 


pal assembly and to every department, board 
and officer of the city all such advice and legal 
assistance as counsel and attorney in or out of 
court as may be required by them or either of 
them, and for that purpose the corporation 
counsel may assign an assistant or assistants 
to any department that he shall deem to need 
the same. No officer, board or department of 
the city, unless it be herein otherwise espe- 
cially provided, shall have or employ any at- 
torney .or counsel. The corporation counsel 
shall have the right to institute actions in law 
or equity, and any proceedings provided by the 
code of civil procedure or by law in any 
court, local, state, or national, to maintain, 
defend and establish the rights, interests, reve- 
nues, property, privileges, franchises or de- 
mands of the city, or of any part or portion 
thereof, or of the people thereof, or to 
collect any money, debts, fines or 
penalties or to enforce the laws and ordi- 
nances. He shall be a member of the board of 
estimate and apportionment and of the board 
of public improvements. 

Corporation counsel's power of appointment. 

Sec. 256. The corporation counsel may ap- 
point, and at pleasure remove, as many as- 
sistants to the corporation counsel as are neces- 
sary to the discharge of the duties of 'the law 
department, and he may appoint and at pleas- 
ure remove such clerks, assistants, and subor- 
dinates as are requisite to the discharge of 
the business of the department, giving to his 
appointees such titles or designations as he 
may deem appropriate to their services, re- 
spectively. He shall fix and regulate the sal- 
aries and compensation of all of his appoint- 
ees within the limits of the appropriation for 
his department. Any assistant corporation 
counsel shall, in addition to his other powers, 
possess every power and perform all and every 
duty belonging to the office of the corporation 
counsel, or so much of such duties as the coi - 
poration counsel shall deem it necessary to 
delegate whenever so empowered by said cor- 
poration counsel by written authority, desig- 
nating therein a period of time, not extending 
beyond three months, nor beyond the term of 
office of said corporation counsel, during 
H i chi such power and authority may be exer- 
cised; such designation and authority must be 
duly filed and remain on record in the law 
department, and may be revoked at any time. 

Branch offices. 

Sec. 257. In addition to the main office of 
the corporation counsel, which shall be located 
in the borough of Manhattan, he shall have 
an office in the borough of Brooklyn, and, in 
his discretion, may maintain an office in the 
borough of the Bronx, the borough of Queens 
and the borough of Richmond, or either of 
them. 

Bureaus. 

Sec. 258. The corporation counsel may es- 
tablish such bureaus for divisions of service 
in the law department as he may judge most 
conducive to the efficient discharge of duty. 
There shall he a bureau in the law department 
to be known as the bureau of street open- 
ings. It shall have charge, under the direc- 
tion of the corporation counsel, of such legal 
proceedings to open, widen, alter or close 
streets and parks, and to acquire title to 
or extinguish interests in real estate therefor, 
and of all sudh other proceedings involving 
awards for damages or assessments for bene- 
fit to lands, tenements and hereditaments 
as may be assigned to it by the corporation 
counsel. The corporation counsel shall ap- 
point and remove at will the head of said 
bureau and all other employes thereof, and 


shall regulate their salaries and compensation. 
The assistants to the corporation counsel as- 
signed to such bureau shall conduct iu his 
behalf, and subject to his direction and con- 
trol, all legal proceedings so assigned, and 
may also act as clerks to the commissioners 
of estimate or the commissioners of estimate 
and assessment in all such proceedings. 
Such bureau shall furnish to the commission- 
ers of estimate or the commissioners of es- 
timate and assessment in each proceeding 
suitable offices and all the assistance which 
they may require in preparing their prelimin- 
ary abstracts of estimate or of estimate and 
assessment, and their final reports for pre- 
sentation to the supreme court for confirma- 
tion. The compensation of the head of said 
bureau and of all other employes thereof, 
and all the legal, costs, charges, expenses and 
disbursements incurred by said bureau on 
account of such proceedings, shall be divided 
proportionately, as nearly as practicable, to 
the services rendered or expense incurred in 
each, of the said proceedings, and shall be 
included in the assessment for benefit to be 
imposed by the commissioners of estimate 
or the commissioners of estimate and assess- 
ment in each proceeding as part of the costs, 
charges and expenses thereof, after the same 
shall have been taxed by the court in the 
manner now provided by law for the taxation 
of such costs, charges, expenses and dis- 
bursements, but the compensation of the em- 
ployes of said bureau and the necessary 
charges, expenses and disbursements there- 
of shall be chargeable to and shall be paid 
monthly, m the first instance by the con- 
troller of the city of New York, out of the 
fund known as the fund for street and park 
openings, created by chapter one hundred 
and seventy-three of the laws of eighteen hun- 
dred and eighty -five, and the acts amenda- 
tory thereof and supplemental thereto, upon 
pay rolls and vouchers duly certified by the 
corporation counsel. The assistant clerks or 
other appointees of this bureau engaged in 
the transaction of business or duties pertain- 
ing to the borough of Brooklyn may have 
their office in the borough hall or public build- 
ing of the borough of Brooklyn, and if, in 
the judgment of the corporation counsel fit 
be* convenient and advisable, such of the as- 
sistants, clerks or other appointees of this 
bureau as may be engaged in the transaction 
of business pertaining to the borough of the 
Bronx, the borough of Richmond or the 
borough of Queens, may likewise have an 
office in either of said boroughs. 

Bureau for recovery of penalties. 

■ Sec. 259. There shall be a bureau in the law 
department for the recovery of penalties for 
the violation of any law or municipal ordi- 
nance, to be called the bureau for the re- 
covery of penalties. All actions for such 
recovery shall he brought in the name of the 
city of New York, and not in that of any 
department, except where otherwise provided 
by this act. The assistant corporation coun- 
sel assigned to this bureau in the main office, 
or in the branch office located in any borough, 
shall net receive for his own use any fees or 
emoluments in addition to his salary, and he 
shall pay into the city treasury all costs and 
commissions received by him from any source 
whatever; such payments shall be made 
monthly, and shall be accompanied by a 
sworn statement in such form as the control- 
ler shall prescribe. Such statement, with a 
detailed list of costs, commissions, fines and 
penalties collected, shall be published in the 
City Record monthly. All fines or moneys 
from whatsoever source, received by the head 
of this bureau, shall be paid into the treasury; 


84 


THE CHARTER FOR THE GREATER NEW YORK. 


of the city, except as otherwise specially pro- 
vided by law. 

Bureau for collection of arrears of personal 

taxes. 

Sec. 260. There shall be a bureau in the 
law department for the collection of arrears 
of personal taxes, to he called the bureau 
for the collection of arrears of personal 
taxes. The assistant corporation counsel 
assigned to this bureau shall give a bond to 
the city of New York, with one or more sure- 
ties, to be approved by controller and corpo- 
ration counsel, in the penal sum of ten thou- 
sand dollars, conditioned for the faithful per- 
formance of the duties of the office and the 
payment over of ail taxes collected by him, 
which shall be filed in the controller’s office 
and he and his bondsman or bondsmen shall 
be responsible to the corporation therefor. 

Presentation of claims tc be pleaded. 

Sec. 261. No action or special proceeding, 
for any cause whatever, shall be prosecuted 
or maintained against the city of New York, 
unless It shall appear by and as an allegation 
In the complaint or necessary moving papers 
that at least thirty days have elapsed since 
the demand, claim or claims upon which such 
action or special proceeding is founded were 
presented to the controller of said city for ad- 
justment, and that he has neglected or re- 
fused to make an adjustment or payment 
thereof for thirty days after such present- 
ment. If the plaintiff recovers judgment in 
his action or special proceeding he shall re- 
cover full taxable costs without regard to the 
amount of the judgment. 

Jurisdiction of actions against the city. 

Sec. 262. The supreme court shall have ex- 
clusive jurisdiction over all actions or special 
proceedings wherein the city of New York 
is made a party defendant. And all such ac- 
tions shall be tried in that county wholly em- 
braced within the city of New York in which 
the cause of potion arose, or in the county of 
New York, subject to the power of the court 
to change the place of trial in the cases pro- 
vided by law. 

Service of process. 

Sec. 263. All process and papers for the 
commencement of actions and legal proceed- 
ings against the city of New York shall be 
served either upon the mayor, the controller 
or the corporation counsel. 

Issuance of execution. 

Sec. 264. No execution shall be issued upon 
any judgment recovered against the city of 
New York until after ten days’ notice in writ- 
ing, of the recovery of such judgment shall 
have been given to the controller. 

CHAPTER VIII. 

POLICE DEPARTMENT. 

Police board. Commissioners. Salary. 

Sec. 270. The head of the police department 
shall be called the police board. Said board 
shall consist of four persons, to be known as 
police commissioners of the city of New York. 
They shall be appointed by the mayor and 
shall hold their respective offices as provided 
in chapter IV of this act. No more than two 
of said commissioners shall, when cither of 
them is appointed, belong to the same political 
party, or be of the same political opinion on 
state and national politics. The salary of each 
of said police commissioners shall bo five 
thousand dollars a year - . 

Police board. Authority . Bureau of elections 

Sec. 271. The said police board shall have 
cognizance and control of the government, ad- , 


ministration, disposition and discipline of the 
said police department, and of the police force 
of said department, and it shall also have 
cognizance and control of the bureau of elec- 
tions hereinafter mentioned, and said bureau 
of elections shall be a part of said police de- 
partment. 

Id.; to make and enforce rules and regula- 
tions. 

Sec. 272. The said police board shall make, 
adopt and enforce such rules, orders and 
regulations, and do all such other acts as may 
be reasonably necessary to effect a prompt 
and efficient exercise of all powers conferred 
by law, and the performance of all duties im- 
posed by law upon the said board or said de- 
partment, cur upon any part of or person in 
said department. But said board shall do no 
act which is contrary to or inconsistent with 
this act. 

Boards and offices abolished and forces con- 
solidated. 

Sec. 273. Except as herein otherwise ex- 
pressly provided, the police department, the 
board of police and the offices of the police 
commissioners of the city of New York, pro- 
vided for by the New York city consolidation 
act of 1882, and the acts amendatory thereof, 
the office of commissioner of police and ex- 
cise of the city of Brooklyn, the board of po- 
lice commissioners for Long Island City and 
the board of commissioners of police for the 
county of Richmond are hereby abolished. 
The respective police forces and departments 
heretofore existing in the said cities and the 
said county, including the park police, of the 
mayor, aldermen and commonalty of the city 
of New York, and the park police of the city 
of Brooklyn, and the police force of the 
Brooklyn bridge are hereby consolidated into 
one department and force to be constituted, 
controlled and administered as provided in 
this chapter. 

Police department ; powers and authority 

transferred to. 

Sec. 274. All the rights, powers, authority, 
duties and obligations immediately hereto- 
fore by law invested in or imposed upon the 
police departments, or either of the boards 
or commissioners mentioned in the last above 
section, shall forthwith by force of and as 
an effect of this chapter be transferred to and 
continue in and upon the police department 
created by this act except in so far as the 
same shall be contrary to or inconsistent with 
the provisions of this chapter. 

All the rights, powers, authority, duties and 
obligations relative to, or connected with the 
appointment, control or cognizance of any 
police force immediately heretofore by law 
vested in or imposed upon the commission- 
ers of public parks in the city of New York, 
the department of parks of the city of Brook- 
lyn, and the board of trustees of the Brook- 
lyn bridge, shall forthwith, by force of, and 
as an effect of this chapter be transferred to 
and continued in and upon the police depart- 
ment created by this act, except in so far 
as tie same shall be contrary to or inconsist- 
ent with the provisions of this chapter. 

Property to vest in the City of New York and 

be managed by police department. 

Sec. 275. All moneys, funds and property, 
and all rights and title to and interest in, 
and possession at and control over and all 
rights io the use and possession of any mon- 
eys, funds or property, which when 'this act 
cakes effect shall be vested in, held or exer- 
cised by the department, or either of the 
boards or commissioners mentioned in section 
273 of this act, or which shall then be applica- 

l 


ble to, or used for the purposes of, or in the 
maintenance of, or in connection with the 
functions or duties of either of the respective 
police forces appointed by the commissioners 
of public parks in the city of New York, the 
department of parks of the City of Brooklyn, 
or the said trustees of the Brooklyn bridge, 
shall forthwith by force of and as an effect 
of this chapter, be and become vested in the 
city of New York, and the same shall bo 
held, exercised, managed, controlled, used 
and applied by and under the direction of the 
police department created by this act until it 
is otherwise lawfully provided. No such 
money, funds or property shall however be 
used for or applied to any purpose different 
in kind from that for or to which the same 
might theretofore have been lawfully used or 
applied until such different use or application 
shall first have been lawfully authorized. 

Police force; composition. 

Sec. 276. Until otherwise provided by the 
municipal assembly, upon the recommenda- 
tion of the police board, the police force in 
the police department created by this chapter 
shall consist of the following members, to wit: 
A chief of police, five deputy* chiefs of police, 
ten inspectors of police, captains of police, 
not exceeding in number one to each fifty of 
the total number of patrolmen, except in the 
rural portion of the city; sergeants of police, 
not exceeding four in number to each fifty of 
the total number of patrolmen; roundsmen, 
not exceeding four in number to each fifty 
patrolmen; detective sergeants to the number 
authorized by law; doormen of police, not ex- 
ceeding tw T o in number to each fifty of the 
total number of patrolmen; surgeons of po- 
lice, not exceeding forty in number, one < f 
whom shall be chief surgeon, and patrolmen 
to the number of six thousand three hundred 
and eighty-two. 

Id.; members of former forces in New York city 

transferred. 

Sec. 277. The members of the police force 
of the city of New York, and the members 
of the police force appointed by the commis- 
sioners of public parks in said city,’ as said 
forces are provided for by sections 265 and 690 
of the New York city consolidation act of 
1882, and by the statutes amendatory of and 
supplementary to said sections, who shall be 
such members of said forces respectively 
when this act takes effect, shall be members 
of the police force specified in section 276 of 
this act. The employes of the telegraph force 
of the police department, of the mayor, aider- 
men and commonalty of the city of New York 
who are in office when this act takes effect, 
shall tako the same rank in the police force 
specified in section 276 of this act, as the tel- 
egraph force of the police department of the 
City of Brooklyn has under existing laws; 
provided, however, that until otherwise or- 
dered by the police board, the superintendent 
of telegraph of the police force of the mayor, 
aldermen and commonalty of the city of New 
York shall be superintendent of telegraph for 
the police force specified in said section 276 
of this act; and the deputy superintendent of 
telegraph of the police force of said, the 
mayor, aldermen and commonalty of the city 
of New York shall be deputy superintendent 
of telegraph in the central office in the bor- 
ough of Manhattan; and the superintendent 
of telegraph of the police force of the city 
of Brooklyn shall be superintendent of police 
telegraph for the borough of Brooklyn. 

Id.; members of former forces in Brooklyn 

transferred. 

Sec. 278. The superintendent and deputy 
superintendent of police, and each inspector, 


THE CHARTER FOR THE GREATER NEW YORK. 


85 


captain, sergeant, detective sergeant, rounds- 
man, patrolman, door-man, bridge-keeper, 
police surgeon, superintendent of tele- 
graph and telegraph operator, who is, 
when this act takes effect, in, of, or at- 
tached to the police force of the city of 
Brooklyn, or the police force appointed by 
the department of parks of said city, or the 
police force appointed by the board of trus- 
tees of the New York and Brooklyn bridge, 
pursuant to section 8 of chapter 300 of the 
laws of 1875, and the acts amendatory there- 
of or supplementary thereto, shall be mem- 
bers of the police force specified in section 
27G of this act. 

Id.; members of former force in Long Island 
City transfererd. 

Sec. 279. The lawfully appointed captain, 
sergeant and patrolmen of the police force 
of Long Island City who shall be such when 
this chapter takes effect, shall be members 
of the police force specified in section 276 
of this act. 

Id.; members of former force in Richmond 
county transferred. 

Sec. 280. The captain and each sergeant, 
roundsman and patrolman of the police force 
of the county of Richmond, or of any town 
or village in that part of the county of Queens 
included in the city of New York, as hereby 
constituted, shall be members of the police 
force specified In section 276 of this act. 

Police board; authority over members trans- 
ferred by preceding sections. Rank oi 
transferred members. 

Sec. 281. The police board created by this 
act shall have the same powers, control and 
authority over the members of the police 
force transferred thereto by sections 277, 
278, 279 and 280 of this act, and over their 
tenure of such membership and removal 
therefrom, as the said board shall have over 
the members of said force, appointed thereto 
by said board, and especially, except as 
otherwise provided by this chapter, to fix 
and assign the rank, title, duties, powers 
and place of service of said transferred 
members. Until by said board otherwise 
provided the rank, title, duties, powers and 
place of service of said transferred members 
shall be the same as they were in the police 
force to which they belonged before this abt 
took effect. 

Id.; authority over employes of former boards; 
duties and salaries of such employes. 

Sec. 282. All clerks, matrons, secretaries, 
and other subordinates, assistants and em- 
ployes attached to or in the service of the 
department or either of the boards or com- 
missioners specified in section 273 of this 
act, until it shall be otherwise provided by 
the police board created by this act, shall 
perform like services and duties and receive 
therefor the same salaries or compensation 
as they performed and received respectively 
prior to this act taking effect. But such 
clerks, matrons, secretaries and other sub- 
ordinates, assistants and employes, their 
services, duties, salaries or compensation, 
tenure of and removal from their positions 
or employment shall in all respects be subject 
to the control and authority of the police 
board created by this act. 

Id.; power to appoint and remove members and 
employes — salaries and fines. 

Sec. 283. Subject to the powers by this act 
conferred on the board of estimate and ap- 
portionment and the municipal assembly of 
the city of New York, and to such other pro- 
visions of this act as may limit their power 


in the premises, the police board created by 
this act shall have power to appoint and 
remove the members of the police force 
specified in section 276 of this act, and also 
such clerks, police matrons, secretaries, and 
other subordinates, assistants and employes 
as may be reasonably necessary to the proper 
performance of the duties and execution of 
the powers and functions of the police de- 
partment created by this act or of any 
of the component parts thereof, and to pre- 
scribe their respective ranks, duties and 
compensation. The salary or compensation 
of any of such members of the said police 
force as are specified in sections 277, 278, 
279 and 280 of this act, as the same is law- 
fully fixed at the time this chapter takes 
effect and immediately prior thereto, shall 
not be decreased. The salary or compensa- 
tion of members of the police force shall be 
subject to all fines, penalties, forfeitures and 
deductions lawfully imposed for cause. 

Police force; qualifications of members. 

Publishing names and residence of appli- 
cants and appointees. 

Sec. 284. No person shall ever be appointed 
or reappointed to membership in the police 
force or continue to hold membership therein 
who is not a citizen of the United States 
or who has ever been convicted of felony, or 
who cannot read and write understanding^ 
in the English language, or who shall not 
have resided within the state one year next 
preceding his appointment, but skilled offi- 
cers of experience may be appointed for de- 
tective duty who have not resided as herein 
required. No person shall be appointed 
patrolman who shall be at the date of such 
appointment over thirty years of age; nor 
shall any person who shall have been a 
member of the force and resigned, or have been 
dismissed therefrom, be reappointed, except 
upon the concurring vote of all the members 
comprising the board to be taken by ayes 
and noes, and recorded in the minutes. The 
name, residence and occupation of each ap- 
plicant for appointment or reappointment to 
any position in the police department, as well 
as the name, residence and occupation of 
each person appointed to any position, shall 
be published, and such publication shall, in 
every instance, be made, on the Saturday 
next succeeding such application, or appoint- 
ment, in the City Record. 

Id.; warrant of appointment; oath. 

Sec. 285. Every member of the police force 
shall have issued to him, by the police depart- 
ment, a proper warrant of appointment, sign- 
ed by the president of the police board and 
chief clerk or first deputy clerk of said de- 
partment or of the police board, which war- 
rant shall contain the date of his appointment 
and his rank. Each member of the police 
force shall, before entering upon the duties 
of his office, take an oath of office and sub- 
scribe the same before any officer of the po- 
lice department who is empowered to ad- 
minister an oath. 

Id.; Chief of police — first appointment. 

Sec. 286. The chief of police first appointed 
under this chapter shall be selected from one 
of the following named members transferred 
to the police force by section 277 and 278 of 
this act, to wit: The chief of police, the su- 
perintendent of police, the deputy chief of 
police and the deputy superintendent of po- 
lice. 

Id.; other officers — first appointments. 

Sec. 287. In making the first appointments 
of the other members of the police force 
specified in section 276 of this act, whose ap- 


~ ' i 

pointment may be necessary to make up the 
full membership of said force provided for 
by said section, three of the deputy chiefs 
shall be selected from the chief of police, the 
superintendent of police, the deputy chief of 
police and the deputy superintendent of po- 
lice, transferred by sections 277 and 278 of 
this act, and two from the inspectors of th® 
respective police forces transferred by sec- 
tions 277, 278, 279 and 280 of this act; inspect- 
ors of police shall be selected from, first, tha 
police inspectors, and second, from the captains 
of police transferred as aforesaid; the captains 
of police shall be selected from, first, the cap- 
tains, and second, from the sergeants of th® 
respective police forces transferred by sec- 
tions 277, 278, 279 and 280 of this act; ser- 
geants of police shall be selected from, first, 
the sergeants, and second, from the detec- 
tive sergeants and roundsmen of the respec- 
tive police forces transferred, by sections 277, 
278, 279 and 280 of this act. 

Id.; promotions. 

Sec. 288. Promotions, of officers and mem- 
bers of the police force shall be made by the 
police board, as provided in section 304 of this 
act, on grounds of seniority, meritorious police 
service and superior capacity; and shall be as 
follows: Sergeants of police shall be selected 
from among patrolmen asigned to duty as 
roundsmen, as provided in section 292 of this 
act, captains from among the sergeants; 
inspectors from among captains; deputy 
chiefs of police from among inspectors 
and captains; and chief of police from among 
deputy chiefs, inspectors and captains, but no 
promotion shall be made, except in the cas® 
of a vacancy in the office of chief of police, 
unless the same is recommended by the chief 
of police is writing, stating his reason for 
such recommendation. In case of the rejec- 
tion of any recommendation for promotion, 
the chief of police shall submit another name 
within three days, and shall continue so to 
do until the vacancy is filled. 

Id.; increase of. 

Sec. 289. The police board is authorized to in- 
crease the police force by adding to the num- 
ber of patrolmen from time to time, provided 
the board of estimate and apportionment and 
the municipal assembly shall have previously, 
made an appropriation for that express! pur- 
pose, such increase not to exceed one hundred 
and fifty in any one year. The board of esti- 
mate and apportionment and the municipal 
assembly may include in the annual budget 
from year to year, and the controller shall 
certify, as required by law, to the municipal 
assembly, and the municipal assembly shall 
include in the annual tax levy an amount 
sufficient to provide for the compenstion of 
the additional patrolmen authorized to be ap- 
pointed pursuant to the provisions of this 
section. 

Id.; Central office bureau of detectives. 

Sec. 290. The police board shall maintain a 
bureau which shall be called the central office 
bureau of detectives, and shall select and 
appoint to perform detective duty therein as 
many patrolmen as said board may, from time 
to time, determine to be necessary to make 
that bureau efficient. The patrolmen so se- 
lected and appointed shall be called detec- 
tive sergeants, and shall be assigned to duty 
in that bureau, and while performing such de- 
tective duty shall be vested with the same 
authority and be entitled to receive and be 
paid the same salary as sergeants of police 
under this chapter, but the police board 
may by order, reduce to the grade of patrol- 
men, and transfer such detective sergeants or 
any of them to perform patrol or other polic® 


86 


THE CHARTER FOR THE GREATER NEW YORK. 


duty, and when so transferred they shall only 
be entitled to receive and be paid the same 
rate of compensation each as ordinary patrol- 
men of the police force under this chapter. 
Nothing in this section shall be construed to 
authorize the police board to appoint any 
additional patrolmen in place of said detec- 
tive sergeants. The headquarters of said 
central office bureau of detectives shall be at 
the police headquarters in the borough of 
Manhattan, and a branch office thereof shall 
be maintained at the police headquarters in 
the borough of Brooklyn, and other branch 
offices thereof may be maintained at the 
police headquarters in each of the other 
boroughs into which the city of New York 
is divided by this act. 

No member of department to be interested in 

other office. 

Sec. 291. Any police commissioner, or any 
member of the police force, who shall, after 
qualifying in office, accept any additional 
place of public trust or civil emolument, or 
who shall during his term of office be publicly 
nominated for any office elective by the peo- 
ple, and shall not, within ten days succeeding 
the same, publicly decline the said nomina- 
tion, shall be in either case deemed there- 
by to have resigned his commission and to 
have vacated his office, and all votes cast at 
any election for any person holding the office 
of police commissioner, or within thirty days 
after he shall have resigned such office, shall 
be void. 

Chief of police; duties and powers. 

Sec. 292. The chief of police shall be the 
chief executive officer of the police force. He 
shall be chargeable with and responsible for 
the execution of all laws and the rules and 
regulations of the department. He shall as- 
sign to duty the officers and members of the 
police force, and shall have power to change 
such assignments from time to time whenever, 
in his judgment, the exigencies of the service 
may require such change; provided, however, 
that permanent assignments of patrolmen to 
roundsmen shall be made by the police board 
on the recommendation of the chief of police, 
and in case of the rejection of any such assign- 
ment recommended by the chief of police, he 
shall within three days submit another name 
and continue so to do until a permanent as- 
signment is made. He shall have power 
to suspend without pay, pending the trial 
of charges, any member of the police force; 
provided, however, that no such suspension 
shall be continued for a period of more than 
ten days without affirmative action to that ef- 
fect by the police board. If any member of 
the police force so suspended shall not be con- 
victed by the police board of the charges so 
preferred, he shall be entitled to full pay from 
the date of suspension, notwithstanding such 
charges and suspension. Said chief of police 
may grant leaves of absence to members of 
the force for a period not exceeding five days. 
He shall report to the police board' all changes 
or assignments of officers and all leaves of ab- 
sence granted. 

Id.; absence or disability of. 

Sec. 293. In case of the absence or disability 
of the chief of police a deputy chief of police 
designated by the police board, or in case no 
deputy chief is designated, then a deputy chief 
of police designated by the chief of police 
shall discharge all the duties of chief of police; 
or, in case each deputy chief of police be ab- 
sent or disabled, or, for any good cause, is not 
available for such designation, then the duties 
of chief of police shall be performed by one 


of the inspectors of police to be designated by 
the police board. 

Police surgeons. Duties and districts. 

Sec. 294. The duties of the police surgeons 
and the extent and bounds of their districts 
shall be assigned, from time to time, by the 
rules and regulations of the police board. The 
police board may, if requested by the depart- 
ment of health, employ their surgeons to aid 
the sanitary inspectors in the discharge of 
their duties, under such regulations and or- 
ders as the police board may make and issue. 

Police Board. President and treasurer. 

Sec. 295. The police board shall appoint and 
remove at pleasure one of their number as the 
president and another of their number as 
treasurer of 6aid board, and prescribe for and 
assign to them respectively as president ‘and 
treasurer such powers and duties as may be 
consistent with law. 

Id.; Duties of treasurer. Bond. Deputy 

treasurer. 

Sec. 296. The treasurer of said board shall 
be the fiscal officer thereof and chief purchas- 
ing agent of the department, and shall, by 
check and voucher, duly disburse by order of 
the said police board, all moneys belonging 
to the police department or police fund, and 
shall deposit the same, when paid to him, in 
a bank or banks or trust company designated 
by said police board. The treasurer shall, 
within twenty days after he shall have re- 
ceived notice of his appointment and before 
he shall enter upon the execution of the duties 
of his office, execute a bond in not less than 
the sum of twenty thousand dollars, to the 
city of New York, with two sufficient sureties, 
who shall each justify in the sum of not less 
than twenty thousand dollars, conditioned 
that he will well and faithfully in all things 
perform and execute the office of treasurer 
during his continuance in office, said bond to 
be approved by the controller and filed in his 
office. The said treasurer shall have power, 
as scon as may be after he takes upon himself 
the execution of his office, to appoint, by and 
with the consent of the police board, some 
proper person, deputy treasurer, to hold office 
during the pleasure of the treasurer, and as 
often as a vacancy shall occur in the office of 
the said deputy treasurer, or he shall become 
incapable of executing the same another shall, 
in like manner be appointed in his place. In 
case of the absence, inability or disability of 
the treasurer to perform his duties the 6aid 
deputy treasurer shall have full powers to 
perform all the duties of the treasurer during 
such absence, inability or disability. The 
treasurer shall be responsible for all the acts 
of the deputy treasurer and any default or 
malfeasance in the office of such deputy treas- 
urer shall be deemed to be a breach of the 
condition of the bond given by said treasurer 
who appointed him, as herein provided. 

Id.; To pay salaries and discharge obligations 

of department. 

Sec. 297. The police board through its treas- 
urer, and in pursuance of orders, rules and 
regulations of the police board, shall pay all 
salaries and wages to officers and members 
of the police department and force, as estab- 
lished by and in pursuance of law, and all 
bills, claims and obligations lawfully incurred 
by or by authority of said police department; 
and the controller shall pay over to the treas- 
urer of the police board on the requisition of 
the police board, the total amount annually 
estimated, levied, raised, and appropriated for 
the support and maintenance of the police 
department and force, from time to time, 
and in such sums as shall be required (not 


exceeding cne-twelfth part of said total an- 
nual amount in any one month), and the 
treasurer of the police board, if required by the 
controller, shall transmit to the department of 
finance, each month, duplicate vouchers for 
the payment of all sums of money made on 
account of the police department during each 
month. The police board shall procure and 
pay for all printing, books, blanks, paper, 
and other articles of 'stationery required for 
the administration and business of the depart- 
ment and each bureau thereof. 

Id.; Copy of minutes when evidence. 

Sec. 298. A copy of the minutes of the po- 
lice board, or of any part of said minutes, 
or of any order or resolution of said board, or 
of the rules and regulations established by 
said board, or any or either of them, when 
certified by the president of said board and 
the chief clerk, or first deputy clerk of said 
board or of said police department, may b§ 
given in evidence upon any trial, investiga- 
tion, hearing or proceeding in any court, or 
before any tribunal, commissioner or commis- 
sioners, or board, with the same force and ef- 
fect as the original. 

Salaries of officers and members of the force. 

Sec. 299. Except as otherwise provided in 
sections 283 and 290 of this act, the annual 
salaries and compensation of the officers and 
members of the police force shall be as fol- 
lows, to wit: Of the chief of police, six thou- 
sand dollars; of each deputy chief of police, 
five thousand dollars; of each inspector of 
police, three thousand five hundred dollars; of 
each captain of police, two thousand seven 
hundred and fifty dollars; of each police sur- 
geon, three thousand dollars; of each sergeant 
of police, two thousand dollars; of each door- 
man, one thousand dollars; of each rounds- 
man, one thousand five hundred dollars; and 
the grade and pay or compensation of patrol- 
men or policemen shall be as follows, to wit: 
All such members who are patrolmen and 
who shall have served five years or upward on 
said force, shall be members of the first grade. 
All such members who shall have served on 
such force for less than five years and more 
than four years and six months, shall be mem- 
bers of the second grade. All such members 
who shall have served on such force for less 
than four years and six months, and more than 
four years, shall be members' of the third 
grade. All such members who shall have 
served on such force for less than four years 
and mere than three years, shall be members 
of the fourth grade. All such members who 
shall have served on such force for less than 
three years and more than two years, shall 
be members of the fifth grade. All such mem- 
bers who shall have served on such force for 
less than two years and more than one year, 
shall be members of the sixth grade. And 
all persons appointed patrolmen on or after 
the first day of January, eighteen hundred and 
ninety-eight, shall be members of the seventh 
grade. Whenever any member of the seventh 
grade shall have done service therein for one 
year, he shall be advanced to the sixth grade. 
Whenever any member of the sixth grade 6nall 
have done service therein for one year, he 
shall be advanced to the fifth grade. When- 
ever any member of the fifth grade shall have 
done service therein for one year, he shall 
be advanced to the fourth grade. Whenever 
any member of the fourth grade shall have 
done service therein for one year, he shall be 
advanced to the third grade. Whenever any 
member of the third grade shall have done 
service therein for six months, he shall be 
advanced to the second grade. And any mem- 
ber of said force who shall have served six 
months in the second grade, shall become a 


I 


THE CHARTER FOR THE GREATER NEW YORK. 


87 


member of the first grade. But no such patrol- 
man shall bo so advanced as aforesaid, except 
after examination and approval by the police 
board of his record, efficiency and conduct. 
The annual pay or compensation of the mem- 
bers of the police force who are patrolmen, as 
aforesaid, shall be as follows: For members 
of the first grade, at the rate of not less 
than one thousand four hundred dollars each ; 
for members of the second grade, at the 
rate of not leas than one thousand three hun- 
dred and fifty dollars each; for members of 
the third grade, at the rate of not less than 
one thousand two hundred and fifty dollars 
each; for members of the fourth grade, at the 
rate of not less than one thousand one hun- 
dred and fifty dollars each; for members of 
the fifth grade, at the rate of not less than 
one thousand dollars each; for members of 
the sixth grade, at the rate of not less than 
nine hundred dollars each; for members of 
the seventh grade, at the rate of not less 
than eight hundred dollars each. The pay or 
compensation aforesaid shall be paid monthly 
to each person entitled thereto, subject to 
such deductions for or on account of lost 
time, sickness, disability, absence, fines' or 
forfeitures, as the police department may, by 
rules and regulations, from time to time pre- 
scribe or adopt. 

Nothing in this section contained shall be 
construed to change in any way the salaries 
or grading, present or prospective, of the 
patrolmen or policemen who are or become 
members of the New York police force prior 
to January first, eighteen hundred and nine- 
ty-eight 

All other patrolmen or policemen of the va- 
rious police forces consolidated into a single 
force by the provisions of this act, shall be- 
long, so far as pay or compensajtion is con- 
cerned, to the grade indicated by the pay or 
compensation which they are respectively re- 
ceiving on January first, eighteen hundred and 
ninety-eight. But nothing in. this section con- 
tained shall be construed to affect in any 
other way the rights and privileges secured 
under the provisions of this act to the mem- 
bers of the various police forces consolidated 
into a single force by this act 

The date for the eligibility of any member 
of the forces transferred to the consolidated 
force by sections 277, 278, 279and 280 of this 
act for advancement to the next grade, shall 
be the day of the year on which he was orig- 
inally appointed to the foTce from which be 
was transferred; and any member of the 
forces so transferred not a member of the 
New York police force prior to January first, 
eighteen hundred and ninety-eight, whose 
salary falls between two grades, shall receive 
the salary of and be assigned to the grade 
next above the salary ho is receiving at the 
time of transfer. 

Salaries of all officers in the forces so trans- 
ferred, other than officers in the New York 
police prior to January 1, 1898, shall be equal- 
ized on the same basis. If the difference in 
pay is not more than $50 the pay shall be equal- 
ized at once. If the difference is more than 
$50 the pay shall be made uniform within three 
years by equal annual additions. 

Police board. Rules, etc., for government and 

discipline of police department and police 

force. Dismissals. 

Sec. 300. The police board is authorized and 
empowered to make, adopt and enforce rules, 
orders and regulations for the government, 
discipline, administration and disposition of 
the police department and poiice force and the 
members thereof. It shall have power and is 
authorized to adopt rules and regulations for 


the examination, hearing, investigation and 
determination of charges made or preferred 
against any member or members of the said 
police force, but no member or members of 
the police force except as otherwise provided 
in this chapter shall be fined, reprimanded, re- 
moved, suspended or dismissed from the po- 
lice force until written charges shall have 
been made or preferred against him or them, 
nor until such charges have been examined, 
heard and investigated before one or more 
members of said board, upon such reasonable 
notice to the member or members charged, and 
in such manner of procedure, practice, ex- 
amination and investigation as the said board 
may, by rules and regulations, from time to 
time prescribe. Such rules are regulations 
shall as nearly as may be provide that where 
a charge is preferred against any member 
of the police force the investigation of such 
charge and the taking of testimony with ref- 
erence thereto shall be at police headquarters 
in the borough within which the accused mem- 
ber was serving at the time the charge was 
preferred. In all cases where the offense 
charged is punishable by fine, the case may 
be fully and finally disposed of by one com- 
missioner. Any member of the police force 
who may hereafter become insane or of un- 
sound mind, so as to be unable or unfit to per- 
form full police service or duty, may be re- 
moved and dismissed from tbe police force by 
the board. The police board may, by a unani- 
mous vote of the board, or by a vote of a 
majority of its members, with the approval 
of the mayor, retire the chief of police or anj 
deputy chief. • 

Police Commissioners, etc., may issue sub- 

penas. Who may administer oaths. 

Sec. 301. Either of the police commissioners 
shall have power to issue subpenas attested 
in the name of the president of the police 
board, and to exact and compel obedience to 
any order, subpena or mandate issued by 
them, and to that end may institute and pros- 
ecute any proceedings or action authorized by 
law in such cases. They or either of them 
may in proper cases issue subpena3 duces 
tecum. Said board may devise, make and is- 
sue process and forms of proceedings to 
carry into effect any powers or jurisdiction 
possessed by them. Each of the police com- 
missioners, the chief of police, each deputy 
chief of police, the chief clerk and first deputy 
clerk of said police board or police department 
are hereby authorized and empowered to ad- 
minister oaths and affirmations in the usual 
or appropriate forms, to any person in any 
matter or proceedings authorized as aforesaid, 
and in all matters pertaining to the police 
department or the duties of any officer or 
other person in matters of or connected with 
said department, and to administer oaths of 
office which may be taken or required in the 
administration of affairs of said department, 
and to take and administer oaths and affirma- 
tions, in the usual or appropriate forms, in 
taking any affidavit or deposition which may 
be necessary or required by law or by any 
order, rule, or regulation of the police board, 
for or in connection with the official purposes, 
affairs, powers, duties or proceedings of said 
police department, or of said police board, or 
of any police commissioner, or member of the 
police force, or any official purpose lawfully 
authorized toy said board. Any person mak- 
ing a complaint that a felony or misdemeanor 
has been committed may be required to make 
oath or affirmation thereto, and for this pur- 
pose a police commissioner, the chief of po- 
lice, the deputy chiefs of police, the chief 
clerk or deputy clerks of the police depart- 
ment or police board, the inspectors, captains 


and sergeants of police shall have power to 
administer oaths and affirmations. 

Police board. Punishments by. Limitation of 

suits for reinstatements, etc. 

Sec. 302. The police board shall have pow'er, 
in its discretion, on conviction by it or 
by any court or officer of competent jurisdic- 
tion, of a member of the force of any 
criminal offense, or neglect of duty, viola- 
tion of rules, or neglect or disobedience of or- 
ders, or absence without leave, or any conduct 
injurious to the public peace or welfare, or 
immoral conduct, or conduct unbecoming an 
officer, or any breach of discipline, to punish 
the offending party by reprimand, forfeiting 
and withholding pay for a specified time, sus- 
pension, without pay during' such suspension, or 
by dismissal from the force; but no more than 
thirty days’ pay or salary shall be forfeited or 
deducted for any offense. All such forfeitures 
shall be paid forthwith to the treasurer of the 
department to the account of the police pen- 
sion fund. The police board is also authorized 
and empowered, in its discretion, to deduct 
and withhold pay, salary or compensation from 
any member or members of the police force, for 
or on account of absence for any cause without 
leave, lost or sick time, sickness or other 
disability, physical or mental; provided, how- 
ever, that the pay, salary, or compensation so 
deducted and withheld shall not, except in 
case of absence without leave, exceed one-half 
thereof for the period of such absence, any 
act or law to the contrary notwithstanding; 
and said police board is authorized and em- 
powered from time to time to make and pro- 
scribe rules and regulations to carry into ef- 
fect and enforce the provisions of this sec- 
tion. No action, suit or proceeding, either 
at law or in equity, shall be commenced or 
maintained against the police department, or 
any member thereof, or against the poiice 
board, police commissioners or either of them, 
or against the city of New York by any mem- 
ber or officer, or former member or officer of or 
belonging to the police force or department of 
said city to recover or compel the payment 
of any salary, pay, money or compensation for 
or on account of any service or duty, or to re- 
cover any salary, compensation or moneys, or 
any part thereof forfeited, deducted or with- 
held for any cause, or to restore or rein- 
state to the police force or department any 
member or officer thereof, unless such action, 
suit, or proceeding shall be commenced with- 
in two years after the cause of action shall 
have accrued; provided that causes of action 
or proceedings which shall have heretofore 
accrued may be begun or brought within six 
years after the same shall have accrued and 
within two years after the passage of this act; 
but nothing in this section contained shall be 
construed or held to extend the time in which 
causes of action or proceedings which shall 
have heretofore accrued must be brought. 
Police force. Resignations and absences L on 
leave. 

Sec. 303. No member of ‘.tie police force, 
under penally of forfeiting the salary or pay 
which enny be due film, shall withdraw cir re- 
sign, except by permission of the poiice board. 
Absence without leave of any member of -the 
police force for five consecutive days shall be 
deemed and held to be a resignation, and the 
member so absent shall, at the expiration of 
said period cease to be a member of the police 
force and be dismissed therefrom without no- 
tice. No leave of absence exceeding twenty 
days in any one year shall hereafter be grant- 
ed or allowed to any member of the police 
force, except upon the condition that such 
member shall waive and release not less than 
one-half of all salary, pay or compensation 


88 


THE CHARTER FOR THE GREATER NEW YORK. 


and claim thereto, or any part thereof, during 
eucti absence. 

Id. Regulations of civil service commissioners. 

Sec. 304. The civil service commissioners 
shall prescribe such regulations foir the ad- 
mission of persons into the poiice force and 
ln*to the service of the police depurumenc as 
may best promote the efficiency thereof, end 
ascertain the fitness of candidates in respect 
to character, knowledge and ability for the po- 
lice force. T'he regulations so to be prescribed 
stia II, among other things, be in furtherance of 
the following provisions: 

1. For open, competitive examinations for 
testing the fitness of applicants for the 
police force. Such examinations shall be 
practical in their character, and, so far as 
may be, shall relate to those matters which 
will fairly test the relative capacity and fit- 
ness o'f the persons examined to discharge 
the duties of that service into which they 
seek to be appointed. 

2. All offices, places and employment so 
arranged or to be arranged in classes shall 
be filled by selection from among those 
graded highest as the result of said competi- 
tive examinations; provided, however, that 
the said board shall not be required to ap- 
point from, but may in their discretion, 
ignore those who have heretofore been re- 
ported or decided to be eligible for appoint- 
ment. 

3. There shall be a period of probation 
before any absolute appointment or em- 
ployment in the police force. 

4. Promotions from the lower grades to 
the higher grades shall be on the basis of 
seniority of merit, and of excellence, as 
6hown by competitive examination. The 
police board shall transmit to the civil serv- 
ice commission the record of each candidate 
for promotion. 

5. There shall be non-competitive exami- 
nation Where, after due efforts by previous 
public advertisement or otherwise, competi- 
tion may be found not to be practicable. 

Police board. Rewards to informers. 

Sec. 305. The police board shall have au- 
thority to offer rewards to induce all classes 
of persons to give information which shall 
lead to the detection, arrest and conviction 
of persons guilty of homicides, arson, or re- 
ceiving stolen goods, knowing them to be 
stolen; and to pay such rewards to such per- 
sons as shall give such information. But no 
such reward shall be offered unless there be 
an unexpended appropriation therefor made 
by the board cf estimate and apportionment, 
which shall make the necessary appropria- 
tion for such purpose. 

Police force. Gratuities and political contri- 
butions forbidden. May be permitted to re- 
tain rewards. 

Sec. 306. No member of the police force or 
employe of the police department shall, under 
any pretense whatsoever, share in, for his own 
benefit, any present, fee, gift cr emolument 
for police services, or for services of the police 
department or any member thereof, addi- 
tional to his regular salary, pay or compensa- 
tion. The police board, for meritorious and 
extraordinary services rendered by any mem- 
ber of the police force in due discharge of his 
duty, may permit such member of the police 
force to retain for his own benefit any reward 
or present, or some part thereof, tendered him 
therefor; and it shall be cause for removal from 
the police force for any member thereof to re- 
ceive any such reward or present without no- 
tice thereof to the police board. Upon re- 
ceiving said notice, the police board may either 
order the said member to retain the same, or 


shall dispose of it for the benefit of the police 
pension fund. No person in the police force 
shall be permitted to contribute any moneys 
directly or indirectly to any political fund or 
to join or to De or become a member of any 
political club or association intended to affect 
legislation for or on behalf of the police de- 
partment of any member thereof, or to con- 
tribute any funds for such purpose. 

Id.; detail of policemen at polls. 

Sec. 307. It shall be the duty of the chief of 
police to detail, or to cause to be detailed 
on election day, at least two patrolmen at 
each election poll. It shall be the duty of the 
police force, or any member thereof, to pre- 
vent any booth, or box, or structure for the 
distribution of tickets at any election from 
being erected or maintained within one hun- 
dred and fifty feet cf any polling place within 
the city, and summarily to remove any such 
booth, box or structure, or to close and prevent 
the use thereof. 

Id.; special patrolmen; when may be appoint- 
ed. Military assistance. 

Sec. 308. The police board may, upon an 
emergency or apprehension of riot, tumult, 
mob, insurrection, pestilence or invasion, ap- 
point as many special patrolmen without pay 
from among the citizens as it may deem de- 
sirable. The mayor, or, in case of his failure 
so to do, the governor may demand the as- 
sistance of the militia of the state within the 
city, or of any brigade, regiment or company 
thereof, by order in writing served upon the 
commanding officer of any brigade and such 
commanding officer shaW obey such order. 
Special patrolmen, appointed in pursuance 
of law, may be dismissed by order of the 
police board; and while acting as such spe- 
cial patrolmen shall possess the powers, per- 
form the duties and be subject to the orders, 
rules and regulations of the police depart- 
ment in the same manner as regular patrol- 
men. Every such special patrolman shall 
wear a badge, to be prescribed and fur- 
nished by the police board. No transfer, de- 
tail or assignment to special duty of any 
member of the police force, except in cases 
authorized or required by law, shall here- 
after be made or continued, except for police 
reasons and in the interests of police serv- 
ice; provided, however, that the chief of 
police may, whenever the exigencies of the 
case require it, make detail to special 
duty for a period not exceeding three 
days, at the expiration of which the 
member or members so detailed shall 
report for duty to the officer of the 
command from which the detail was made. 
The police board, whenever expedient, may 
on the application of any person or persons, 
corporation or corporations, showing the 
necessity therefor, detail regular patrolmen 
of the police force, or appoint and swear any 
number of special patrolmen to do special 
duty at any place in the city of New York 
upon the person or persons, corporation or 
corporations by whom the application shall 
be made, paying, in advance, such regular 
or special patrolmen for their services, and 
upon such regular or special patrolmen, in 
consideration of their appointment, signing 
an agreement in writing releasing and waiv- 
ing all claim whatever against the police de- 
partment and the city of New York for pay, 
salary or compensation for their services and 
for all expenses connected therewith; regular 
patrolmen so detailed shall be paid at the 
same rate as provided for patrolmen in this 
act; but the regular or special patrolmen so 
appointed shall be subject to the orders of 
the chief of police and shall obey the rules 
and regulations of the police department and 


conform to Its general discipline and to such 
special regulations as may be made and 
shall wear such dress or emblems as the 
department may direct, and shall during 
the term of their holding appointment pos- 
sess all the powers and discharge all the 
duties of the police force, applicable to regu- 
lar patrolmen. The special patrolmen so 
appointed may be removed at any time by 
the police board without assigning cause 
therefor, and nothing in this section con- 
tained shall be construed to constitute such 
special patrolmen members of the police 
force, or to entitle them to the privilege of 
the regular members of the force, or to re- 
ceive any salary, pay, compensation or 
moneys whatever from the said police de- 
partment or the city of New York, or to 
share in the police pension fund. 

Police board. Detail persons to attend courts. 

Sec. 309. It shall be the duty of the police 
board to cause some intelligent and experi- 
enced person connected with the police force 
to attend at the courts of the city in cases 
where there is need of such assistance, who 
shall, to such extent as the rules of the 
board of magistrates may reasonably require, 
aid in bringing the facts before the magis- 
trates in proceedings pending in such police 
courts. 

Police department to co-operate with depart- 
ment of health. 

Sec. 310. It shall be the duty of the police 
department (and of its officers and men, as 
said poiice board shall direct) co promptly 
advise the department of health of all 
threatened danger to human life and health, 
and of all matters thought to demand its 
attention, and to regularly report to said de- 
partment of health all violations of its rules 
and ordinances, and of the health laws, and 
all useful sanitary information. Said de- 
partment shall, so far as practicable and ap- 
propriate, co-operate for the promotion of the 
public health and the safety of human life in 
said city. It shall be the duty of said poiice 
department, by and through its proper offi- 
cers, agents and men, to faithfully and at 
tbe proper time enforce and execute the sani- 
tary rules and regulations, and the orders of 
said department of health (made pursuant to 
the power of said department of health), upon 
the same being received in writing and duly 
authenticated as said department of health 
may direct. Said police department is au- 
thorized to employ and use the appropriate 
persons and means, and to make the necessary 
expenditures for the execution and enforce- 
ment of said rules, orders, and regulations, 
and such expenditures, so far as the same 
may not be refunded or compensated by the 
means herein elsewhere provided, shall be 
paid as the ether expenses of said department 
of health are paid. In and about the exe- 
cution of any order of the department of 
health, or of the police department made 
pursuant thereto, police officers and police- 
men shall have as ample power and authority 
as when obeying any order of or law applicable 
to the police department, or as if acting 
under a special warrant of a justice or judge, 
duly issued; but for their conduct they shall 
be responsible to the police department and 
not to the department of health. The depart- 
ment of health may, with the consent of the 
police department, impose any portion of the 
duties of subordinates in said department 
upon subordinates in the police department. 

Police force. Arrests for violation of health 

laws. 

Sec. 311. Any monther of the police force 
may arrest without warrant any person who 


THE CHARTER FOR THE GREATER NEW 


shall, in view <xf such member, violate, or 
do, or be engaged in doing or commit/ting in 
eald city, any act or tiling forbidden by chap- 
ter XIX of this act, or by any law or by any 
ordinance the authority to enact which is giv- 
en by this act or any other statute or who 
shall, in such presence, resist or be engaged 
in resisting the lawful enforcement of any 
such law or ordinance or any official order 
made pursuant to any statute of this state. 
And any person so arrested shall thereafter 
be treated, disposed of and punished as any 
other person duly arrested for a misdemean- 
or unless other provision is made for the case 
by law. 

Id.; Detail of officers and men to assist de- 
partment of health. 

Sec. 312. The police board, upon the requi- 
sition of the board of health, shall detail to 
the service of the said department of health 
for the purpose of the enforcement of the pro- 
visions gif the sanitary code, and of the acts 
relating to tenement and lodging houses, not 
less than fifty nor more than one hundred 
suitable officers and men of experience of at 
least five years' service in the police force, 
provided that the department of health shall 
pay monthly to the police department a sum 
equal to the pay of all officers and men so 
detailed. At least thirty of the officers and 
men so detailed shall be employed exclusively 
in the enforcement of the laws relating to 
tenement and lodging houses. These officers 
and men shall 'belong to the sanitary com- 
pany of police, and shall report to the board 
of health. The board of health may report 
back to the police department for punishment 
any member of said company guilty of any 
breach of orders or discipline, or of neglect- 
ing his duty, and thereupon the police board 
shall detail another officer or man in his place, 
and the discipline of the said members of the 
sanitary company shall be In the jurisdiction 
of the police department, but at any time the 
board of health may object to any member 
cf said sanitary company on the ground of 
inefficiency, and thereupon another officer or 
man shall be detailed in his place. 

Id.; Detail of officers and men to assist the 

department of public parks. 

Sec. 313. The police board, upon the requi- 
sition of either of the commissioners of parks, 
shall from time to time detail to the service 
of the department of parks in the borough or 
boroughs under the charge of such commis- 
sioner, for the enforcement of the park or- 
dir antes and for the maintenance of good or- 
der in the parks, so many suitable officers 
and men as in the judgment of the police de- 
partment are necessary. Such officers and 
men shall continue to be in ail respects an in- 
tegral part of the police force of the city and 
shall be paid cut of the funds appropriated 
for the support of the police department. 
These officers and men shall constitute the 
park police so long as their detail lasts, and 
shall report to the park commissioner in 
charge of the parks in which they serve. Each 
commissioner of parks may report back to 
the police department for punishment any 
member of said para police force guilty of any 
breach of orders or discipline, or of neglecting 
his duty, and thereupon the police department 
may detail another officer or man in his place, 
and the discipline of the said members of 
the park police shall be in the jurisdiction 
of the police department, but at any time 
either commissioner of parks may object to 
the inefficiency of any member of said park po- 
lice serving in any park under his charge and 


thereupon another officer or man may be de- 
tailed in his place. 

Id.; Detail of officers and men to assist the 

department of bridges. 

Sec. 314. The police board, upon the re- 
quisition of the commissioner of bridges shall 
from time to time detail to the service of 
the department of bridges for the enforce- 
ment of the ordinances regulating travel over 
any of the bridges and for the maintenance of 
good order thereon, so many suitable officers 
and men as in the judgment of the police 
department are necessary. Such officers and 
men shall continue to bo in all respects an 
integral part of the police force of the city 
and shall be paid out of the funds appropri- 
ated for the support of the police depart- 
ment. These officers and nten shall consti- 
tute the bridge police so long as their de- 
tail lasts, and shall report to the commission- 
er of bridges. The commissioner of bridges 
may report back to the police department for 
punishment any member of said bridge police 
force guilty of any breach of orders or dis- 
cipline, or of neglecting his duty, and there- 
upon the police department may detail another 
officer or man in his place, and the discipline 
of the said members of the bridge police shall 
be in the jurisdiction of the police depart- 
ment, but at any time the commissioner of 
bridges may object to the inefficiency of any 
member of said bridge police and thereupon 
another officer or man may be detailed in his 
place. 

Id.; Duties of. 

Sec. 315. It is hereby made the duty of the 
police department and force, at all times of 
day and night, and the members of such 
force are hereby thereunto empowered to es- 
pecially preserve the public peace, prevent 
crime, detect and arrest offenders, suppress 
riots, mobs and insurrections, disperse un- 
lawful or dangerous assemblages and assem- 
blages which obstruct the free passage of 
public streets, sidewalks, parks and places; 
protect the rights af persons and property, 
guard the public health, preserve order at 
elections and ail public meetings and assem- 
blages; regulate the movement of teams and 
vehicles in streets, bridges, squares, parks 
and public places and remove all nuisances in 
the public streets, parks and highways; ar- 
rest all street mendicants and beggars, provide 
proper police attendance at fires, assist, ad- 
vise and protect emigrants, strangers and 
travelers in public streets, at steamboat and 
ship landings and at railroad stations; care- 
fully observe and inspect all places of public 
amusement, all places of business having ex- 
cise or other licenses to carry on any busi- 
ness; all houses of ill fame or prostitution 
and houses where common prostitutes resort 
or reside; all lottery offices, policy shops and 
places where lottery tickets or lottery poli- 
cies are sold or offered for sale; all gambling 
houses, cock pits, rat pits and public common 
dance houses, and to repress and restrain all 
unlawful and disorderly conduct or practices 
therein; enforce and prevent the violation of 
all laws and ordinances in force in said city; 
and for these purposes to arrest all persons 
guilty of violating any law or ordinance for 
the suppression or punishment of crimes or 
offenses. 

Id.; General powers over certain trades. 

Sec. 316. The chief of police and each deputy 
chief of police, and each inspector in his dis- 
trict, and each captain of police within his 
precinct, shall possess powers of general po- 
lice supervision and inspection over all li- 
censed or unlicensed pawnbrokers, venders, 
junk shop keepers, junk boatmen, carcmen. 


YORK. 39 


dealers in secand hand merchandise, intelli- 
gence office keepers and auctioneers within 
the said city; and in the exercise of 
said supervision may from time to 
time empower members of the police 
force to fulfil such special duties in the afore- 
said premises as may be from time to time 
ordained by the police board. The said chief 
of police and each deputy chief of police, 
and each inspector in his district and each 
captain within his precinct may, by authority 
in writing, empower any member of the po- 
lice force, whenever such member shall be in 
search of property feloniously obtained, or 
in search of suspected offenders, or evidence 
to convict any person charged with crime, to 
examine the books of any pawnbroker or his 
business premises, or the business premises 
of any licensed vender, or licensed junk shop 
keeper, or dealed in second hand merchandise, 
or intelligence office keeper, or auctioneer, or 
boat of any junk boatman. Any such member 
of the police, when thereto authorized in 
writing by the said chief, shall be authorized 
to examine property alleged to be pawned, 
pledged, deposited, lost or stolen, in whose- 
soever possession said property may be; but 
no such property shall be taken from the pos- 
sessor thereof without due process or author- 
ity of law. 

Id ; (day examine pawnbrokers' books. 

Sec. 317. The chief of police, deputy chiefs 
of police, inspectors of police and captains of 
police and persons acting by their, or by 
either of their orders, shall have power to 
examine the books of any pawnbroker, his 
clerk or clerks, if they deem it necessary, 
when in search of stolen property, and any 
person having in his possession a pawnbrok- 
er’s ticket shall, when accompanied by a po- 
liceman, or by an order from the chief of po- 
lice or deputy chief of police, or inspector of 
police, or captain of police, be allowed to ex- 
amine the property purporting to be pawned 
by said ticket, but no property shall be re- 
moved from the possession of any pawnbroker 
without the process of law required by the 
existing laws of this state, or the laws and 
ordinances of the city regulating pawnbrokers. 
A refusal or neglect to comply in any respect 
with the provisions of this section, on the part 
of any pawnbroker, hie clerk or clerks, shall 
be deemed a misdemeanor, and punishable as 
such- 

Id.; Suppression of gaming and other houses. 

Sec. 318. If any member of the police force 
or if any two or more householders shall re- 
port in writing, under his or their signature, 
to the chief of police or to a deputy chief of 
police, that there are good grounds (and stat- 
ing the same) for believing any house, room 
or premises within the said city to be kept 
or used as a common gambling house, com- 
mon gaming room or common gaming prem- 
ises, for therein playing for wagers of money 
at any game of chance, or to be kept or used 
for lewd and obscene purposes or amusements, 
or the deposit or sale of lottery tickets or lot- 
tery policies, it shall be lawful for the chief of 
police or a deputy chief of police to authorize, 
in writing, any member or members of the 
police force to enter the same, who may forth- 
with arrest all persons there found offending 
against law, but none others, and seize all 
implements of gaming or lottery tickets or 
lottery policies, and convey any person so ar- 
rested before a magistrate and bring the ar- 
ticles so seized to the office of the prop?rty 
clerk. It shall be the duty of the said chief 
of police or deputy chief of police to cause 
such arrested person to be rigorously prose- 
cuted and such articles seized to be destroyed. 


40 


THE 


CHARTER FOR THE GREATER 


NEW YORK. 


as the orders, rules and regulations of the 
police board shall direct. 

Rules and regulations as to navigable waters 
within the city limits. 

Sec. 319. It shall be the duty of the board 
to provide and enforce proper rules and regu- 
lations for the safety of passengers on excur- 
sion steamers, yachts and all craft taking part 
in regattas or races, whether as observers or 
participants, in the navigable waters embraced 
within the corporate limits of the city and 
to preserve the public peace and prevent un- 
due interference with or interruption of such 
regattas and races. Such rules and regulations 
when so adopted shall be duly published in 
the public newspapers and any willful viola- 
tion of the same by any person shall subject 
the offender to the penalties of a misdemeanor 
and if the holder of a license from the city 
to a forfeiture thereof. 

Police board. To furnish station houses, etc., 
and fix boundaries of precincts. Head- 
quarters. 

Sec. 320. The police board shall from time ’to 
time, with the authority of the municipal as- 
sembly, establish, provide and furnish stations 
and station houses, or sub-stations and sub- 
station houses, at least one to each precinct, 
for the accommodation thereat of members of 
the police force, and as places of temporary 
detention for persons arrested and property 
taken within the precinct; and shall also pro- 
vide and furnish such business accommoda- 
tions, apparatus and articles and provide for 
the care thereof, as shall be necessary for the 
department of police and the transaction of the 
business of the department. The said police 
board is hereby authorized and empowered to 
furnish horses and wagons, to.be known as 
patrol wagons, which said horses and wagons 
shall be under the custody, control and care 
of said police department, for the exclusive 
use thereof. The board of estimate and appor- 
tionment and the municipal assembly are di- 
rected to appropriate a sufficient sum of mon- 
ey in each and every year, for the purpose of 
furnishing such horses, wagons and apparatus 
connected therewith, and the maintenance 
thereof, and for the other purposes authorized 
by this section. The number and boundaries 
of the precincts shall be fixed by the police 
board. There shall be one headquarters or 
central station, established and located by said 
'police board in each borough into which the 
city of New York is divided by this act. A 
deputy chief of police shall be assigned to 
duty by the police board at police headquarters 
in the borough of Brooklyn, and, in the discre- 
tion of the police board, a deputy chief of po- 
lice may be assigned to duty at police head- 
quarters in each of the other boroughs. The 
said police board shall apply to and use for 
the purposes mentioned in this section the 
property and premises which shall come into 
their possesion, or under their control, by vir- 
tue of section 275 of this act, so far as suitable 
for the purpose, in their judgment, and avail- 
able therefor. 

Id. To provide accommodations for detention of 

witnesses. 

Sec. 321. The police board shall, where not 
otherwise provided by law, and as authorized 
by the municipal assembly, provide suitable 
accommodations and supplies for the deten- 
tion of witnesses who are unable to furnish 
security for their appearance in criminal 
proceedings, other than children actually or 
apparently under the age of 16 years, to be 
called the house for the detention of witnesses, 
and such accommodation shall be in premises 
other than those employed for the confine- 


ment of persons charged with crime, fraud 
or disorderly conduct. And it shall be the 
duty of all magistrates, when committing wit- 
nesses in default of bail, to commit them to 
such house for detention of witnesses. The 
board of estimate and apportionment and the 
municipal assembly, shall in each and every 
year appropriate a sufficient sum of money to 
defray the expenses authorized by this section. 
And said police board shall apply to and use 
for such purposes the property and prem- 
ises which shall come into their possession 
or under their control by section 275 of this 
act, so far as the same may be available, and, 
in their judgment, suitable therefor. 

Id. To provide lodgings for vagrants, etc. 

Sec. 322. It shall be the duty of said police 
hoard and it is hereby empowered to provide 
for the lodging of vagrants and indigent per- 
sons so far as such duty is not by law impos- 
ed on some other department of the city of 
New York. 

Id. May maintain 'and operate telegraph and 
telephone lines, and use same in assisting 
department of health. 

Sec. 323. The police board shall have pow- 
er to erect, operate, supply and maintain, 
under the general laws of the state relating 
to telegraphs, all such lines of telegraph and 
telephone to and between such places in the 
city as for the purposes and business of the 
police the board shall deem necessary. The po- 
lice board may procure all instruments, fix- 
tures, property and materials for the purpose 
above mentioned, and control the same, but 
the cost thereof shall be chargeable to gen- 
eral expenses of police. The police board is 
hereby permitted to use the said telegraph 
and telephone lines to aid it in facilitating 
the operations of tho department of health, 
and when so used, the expense thereof shall 
be charged to the said department of health. 

Id. May use boats; establish mounted patrol, 
sell old property, etc. 

Sec. 321. In the performance of police serv- 
ice in any precinct or precincts, comprising 
waters of the harbor, the police board may 
procure and use and employ such rowboats, 
steamboats and boats propelled by other pow- 
er as shall be deemed necessary and proper. 
In rural or sparsely inhabited precincts it 
may establish a mounted patrol and procure 
and use and employ so many horses and 
equipments as shall be requisite for the pur- 
pose; and it shall procure and cause to be used 
teams and vehicles to transport prisoners, sup- 
plies and property, whenever the use of teams 
and vehicles for such purposes shall be proper 
and tend to preserve the public peace and de- 
cency. The police board may sell and dis- 
pose of, in accordance with law, any person- 
al property owned or used in the department, 
whenever such property shall have become old 
and unfit and shall not be required for service, 
and it shall have authority to detail and em- 
ploy patrolmen in any duty or service, other 
than patrol duty, which may be necessary and 
proper to enable the department to exercise 
the powers and perform the duties and busi- 
ness imposed and required by law. 

Applications for medical attendance. Regis- 
tered physicians. 

Sec. 325. Upon the application of any per- 
ron residing within the precinct, it shall be 
tho duty of the captain or other officer at the 
desk to register in a book kept open for that 
purpose, the name and address of any person 
desiring or needing medical attendance, with 
the name and address of the person making 
such application, and without delay to select 
and notify of such application one from the 


list of physicians who have registered in said 
precinct as thereby pledging themselves to 
respond to any call for medical attendance, 
and who have been certified by the registrar 
of vital statistics of the department of health 
as being in good and regular standing. It 
shall be tho duty of the captain or other offi- 
cer at the desk, in the absence of any express- 
ed preference by the applicant, to select and 
notify, from the list of physicans thus regis- 
tered, the name of the physician residing 
nearest to the residence of said patient in 
whose behalf application is made. 

Compensation of registered physician. Cer- 
tificate, etc. 

Sec. 326. It shall be the duty of the cap- 
tain, sergeant or other officer at the desk, 
in such police precinct as before specified, 
upon registry of any application as described 
in the preceding section, immediately to de- 
tail an officer whose duty it shall be to call 
upon such physician without delay, and to 
conduct him to the residence of the patient, 
also to verify by personal inspection or in- 
quiry, the name and address of such patient 
as registered by his superior officer. Every 
officer thus detailed as messenger shall bo 
furnished with a blank certificate, upon which 
the name and address of the physician re- 
sponding to the call, the name and address 
of the patient attended and the date and 
hour of the visit shall be written by him after 
he has conducted the physician to the pa- 
tient’s residence and verified the genuineness 
of the application. Such certificate shall be 
signed by him and given to the physician, 
and shall specify upon its face that the physi- 
cian therein named is entitled to the sum 
of three dollars from the public funds, upon 
presentation thereof to the proper officer, 
and endorsement thereof in writing of the 
name of the captain of the precinct. But it 
shall be the duty of the physician making 
such visit to present such certificate to the 
patient or his or her agent or attendant, and 
to request payment of the said sum specified; 
and in case of such payment being made, said 
physician shall surrender such certificate to 
the person or persons making it, and it shall 
cease to be a claim upon the public treasury. 

In default of the immediate payment of the 
said fee specified in the said certificate, by the 
patient or his or her agent or attendant, it shall 
bo the duty of the captain of the police pre- 
cinct in which the visit was made, to indorse 
it with his name; and thus indorsed it shall 
be the duty of the cashier of the department 
of health to pay T . L sight the fee aforesaid, 
and to enter the payment in a book provided 
for that purpose and take up the certificate. 
And all certificates thus redeemed shall be 
valid debts to the amount therein named, 
against the patients therein named, or their 
guardians, which the said department may 
order collected by due process of law, pro- 
vided that no prosecution shall be instituted 
in cases where it is satisfactorily shown that 
the patient is without sufficient means for 
ihe payment thereof. 

Physicians to report to the department of 

health. 

Sec. 327. It shall be the duty of every 
physician thus called to the medical assist- 
ance of any person within the police pre- 
cinct in which he is registered, to transmit 
to the registrar of the department of health, 
within twenty-four hours after the call shall 
have been answered, a full and accurate 
statistical exhibit of the case, specifying 
therein tho age and sex and the employment, 
profession or business of the patient, the 
nature c f the disease, the- hour of -V - attack, 
when practicable, the date ullu tile poiici 


THE CHARTER FOR THE GREATER NEW YORK. 


41 


precinct and ward in which the case oc- 
curred; the same shall be signed with the 
full name and address of the physician ren- 
dering it, but the name and address of the 
patient shall always be omitted. And it shall 
be the duty of the department of health to 
provide all physicians thus registered for 
night service with appropriate blanks for 
the said purpose, upon their application 
therefor. 

Nearest physician to be called. Penalty for 

refusal to attend. 

Sec. 328. Any policeman who shall be de- 
tailed as messenger, according to the pro- 
visions hereinbefore specified, shall, in the 
absence of preference expressed in the appli- 
cation, call the physician nearest and most 
convenient to the patient’s residence, or in 
the absence or refusal from any cause of the 
latter, th^ physician next nearest, and so on. 
And there shall be no delay or waiting for 
such physician to return; and any of the 
force neglecting to comply with this provis- 
ion shall be subject to trial and fine, or dis- 
missal from service, by the police board, in 
the same manner as for other offenses cog- 
nizable by the said bcdy. 

And any physician thus registering who 
shall twice refuse or neglect, without reason- 
able excuse, to answer a call made according 
to the provisions of the three preceding sec- 
tions, shall be subject to have his name 
erased from the list, upon proper evidence 
thereof, submitted to an executive officer, 
who shall be appointed by the registrar of 
vital statistics of the department of health, 
and shall be under his immediate super- 
vision. 

List of registered physicians to be posted. 

Sec. 329. The captains of the several police 
precincts shall cause the names and addresses 
of such physicians as have been duly certi- 
fied by the registrar of vital statistics to be 
plainly and legibly written or printed on a 
bulletin provided for that purpose, which 
bulletin shall be placed at a convenient point 
near the captain’s desk, and kept open to 
the inspection of all persons within the pre- 
cinct desiring to see the same. They may, 
if in their judgment it shall be necessary to 
the public convenience, cause the bulletins 
of physicians herein specified to be posted in 
the hotels and district telegraph offices with- 
in their respective precincts, but any appli- 
cant applying at such hotels or telegraph 
offices, or desiring the services of any mes- 
senger other than a member of the police 
farce detailed for that purpose, shall em- 
ploy such messenger at his own expense, and 
shall be liable for any expenses incurred in 
communicating with the police precinct. 

Hours of service of registered physicians. 

Sec. 330. The period during which the afore- 
said physicians shall be held subject to call 
shall be between the hours of ten. in t(ie even- 
ing and seven in> the morning, from October 
first to March thirty-first, inclusive, and be- 
tween the hours of eleven in the evening and 
six in the morning, from April firs 1 ; to Septem- 
ber thirtieth, inclusive. 

Stolen property. Property clerk; employ- 
ment of and duties. 

Sec. 331. The police board shall employ some 
person as clerk, who shall be designated prop- 
erty clerk, to take charge of all property al- 
leged to be stolen or embezzled, and which 
may be brought into the police office, and all 
property taken from the person of a prisoner, 
and all property or money alleged or supposed 
to have been feloniously obtained, or which 
shall be lost or abandoned, ana which shall be 


taken into the custody of any member of the 
police force or criminal court in the 
city of New York, or which shall 
come into “the custody of any magistrate 
or officer, shall be, by such member or magis- 
trate, or by order of said court, given into the 
custody of and kept by the said property clerk. 
All such property and money shall be de- 
scribed and registered by said property clerk 
in a bock kept for that purpose, which shall 
contain the name of the owner or claimant if 
ascertained, the place where found, the name 
of the person from whom taken, with the gen- 
eral circumstances, the date cf its receipt, the 
name of the officer recovering the same, a de- 
scription thereof, the names of all claimants 
thereto, and any final disposition of such prop- 
erty or money. 

The said police beard may prescribe regula- 
tions in regard to the duties of the clerk so 
designated, and require and take security for 
'the faithful performance of the duties Im- 
posed by this section, but all animals strayed, 
lost or stolen, which shall come into the pos- 
session of the said property clerk shall by him 
be transferred and sent to the public pound, in 
said city, anything herein contained to the 
contrary notwithstanding. 

Id. Return of property to person accused. 

Sec. 332. Whenever property or money taken 
from any person arrested shall be alleged to 
have been feloniously obtained, or to be the 
proceeds of crime, and brought, with all ascer- 
tained claimants thereof, and the person ar- 
rested, before some magistrate for adjudica- 
tion, and the magistrate shall be then and 
there satisfied from evidence that the person 
arrested is innocent of the offense alleged, and 
that the property rightfully belongs to him, 
then said magistrate may thereupon, in writ- 
ing order such property or money to be re- 
turned, and the property clerk, if he have it, 
to deliver such property or money to the ac- 
cused person himself* and not to any attorney, 
agent, or clerk of said accused person.. 

Id. Claim to by another person. 

Sec. 333. If any claim to the ownership of 
such property or money shall be made on 
oath before the magistrate, by or in behalf of 
any other persons than the person arrested, 
and the said accused person shall be held for 
trial or examination, such property or money 
shall remain in the custody of the property 
clerk until the discharge or conviction of the 
person accused and until lawfully disposed of. 

Unclaimed, lost, stolen, etc., property, to be 

registered and advertised. 

Sec. 334. All property or money taken on 
suspicion of having been feloniously obtained, 
or of being the proceeds of crime, and for 
which there is no other claimant than the 
person from whom such property was taken, 
and all lest property coming into the pos- 
session of any member of the said police force, 
and all property and money taken from pawn- 
brokers as the proceeds of crime, or by any 
such member from persons supposed to be in- 
sane, intoxicated or otherwise incapable of 
taking care of themselves, shall be transmitted 
as soon as practicable to the property clerk, 
to be registered and advertised in the City 
Record for the benefit of all persons interested, 
and for the information of the public, as to 
the amount and disposition of the property so 
taken into custody by the police. 

Id. To be sold if unclaimed. 

Sec. 335. If the property stolen or em- 
bezzled be not claimed by the owner before 
the expiration of six months from the con- 
viction of a person for stealing or embezzling 
it, the officer having it in his custody must. 


on payment of the necessary expenses incur- 
red in its preservation, deliver the same to 
the property clerk. The property so deliver- 
ed to said property clerk, and all such other 
property, securities, moneys, things, or choses 
in action, that shall remain in the custody of 
the property clerk for the period of six months 
without any lawful claimant thereto, after 
having been advertised in the City Record for 
the period of ten days, may be sold at public 
auction in a suitable room to be designated 
for such purpose, and the proceeds of such 
sale shall he paid into the police pension 
fund. No property shall be delivered to the 
property clerk or at the central office of the 
police department, except as provided by law. 

Stolen property desired as evidence in criminal 
court. 

Sec. 336. If any property or money placed 
in the custody of the property clerk shall be 
desired as evidence in any police or other 
criminal court, such property shall be de- 
livered to any officer who shall present an 
order to that effect from such court. Such 
property, however, shall not be retained in 
said court, but shall be returned to such 
property clerk to be disposed of according to 
the previous provisions of this chapter. 

Police Force. Arrests without warrant. 

Sec. 337. The several members of the police 
force shall have power and authority to im- 
mediately arrest, without warrant, and to 
take into custody, any person who shall com- 
mit or threaten or attempt to commit, in the 
presence of such member, or within his view, 
any breach of the peace or offense directly 
prohibited by act of the legislature, or by any 
ordinance made by lawful authority. The 
members of the police force shall possess in 
the city of New York and in every part of this 
state, all the common law and statutory 
powers of constables, except for the service 
of civil process, and any warrant for search 
or arrest issued by any magistrate of this 
state may be executed, in any part thereof, 
by any member of the police force, and all 
the provisions of sections 7, 8 and 9 of chap- 
ter 2, title 2, part 4 of the revised statutes 
in relation to the giving and taking of bail 
shall apply to this chapter. 

Id. Returns of arrests. Accused to be taken 
before magistrate, 

Sec. 338. In every case of arrest by any 
member of the police force, the same shall 
be made known immediately to the superior 
on duty in the precinct wherein the arrest 
was made by the person making the same; 
and it shall be the duty of the said superior, 
within twenty-four hours after such notice, 
to make written return thereof, according to 
the rules and regulations of the police depart- 
ment, with the name of the party arrested, 
the alleged offense, the time and place of ar- 
rest and the place of detention. Each mem- 
ber of the police force, under the penalty of 
ten days’ fine, or dismissal from the force, 
at the discretion of the police board, shall, 
immediately upon an arrest, convey in per- 
son the offender before the nearest sitting 
magistrate, that he may be dealt with accord- 
ing to law. If tne arrest is made during the 
hours that the magistrate does not regularly 
hold court, or if the magistrate is not hold- 
ing court, such offender may be detained in 
a station house, or precinct thereof, until the 
next regular public sitting of the magistrate, 
and no longer, and shall then be conveyed 
without delay before the magistrate, to be 
dealt with according to law. And it shall he 
the duty of the said police board, from time 
to time, to provide suitable rules and regu- 
lations to prevent the undue datSfl'tioa .ol £SSr 


43 


THE CHARTER FOR THE GREATER NEW YORK. 


sons arrested, which rules and regulations 
shall be as operative and binding as if here- 
in specially enacted, subject, however, to the 
order of the court committing tho person 
arrested. 

Penalty for personating policeman, and for will- 
ful neglect of police. 

Sec. 339. It shall he a misdemeanor, pun- 
ishable by imprisonment in the penitentiary 
for not less than one year, nor exceeding two 
years, or by a line of not less than two hun- 
dred and fifty dollars, for any member of the 
police force to wilfully neglect to make any ar- 
rest for an offense against the law of the state, 
or any ordinance in force In the city of New 
York, or for any person not a member of the 
police force to falsely represent himself as 
being such a member, with a fraudulent de- 
sign upon persons or property, or upon any 
day or time to have, use, wear or display, 
without specific authority from the police de- 
partment, any uniform, shield, buttons, 
wreaths, numbers or other insignia or em- 
blems in any wise resembling such as are 
worn by members of the police force; and 
the said police department is nereby author- 
ized and directed, from time to time, to pre- 
scribe the uniform, shields, emblems, insig- 
nia and weapons to be worn, displayed and 
used, and to regulate the wearing, display 
and use thereof, by any and all persons, ex- 
cepting marshals and the sheriff, his under- 
sheriff and deputies authorized under the 
laws of this state, to make arrests for any 
cause in the city of New York. 

Misdemeanor for persons not members of po- 
lice force to serve criminal process. 

Sec. 340. It shall be a misdemeanor for any 
person not being a regular member of the 
police established in any city of this state, or 
a member of the police force of the city of 
New York, or a constable of this state, or a 
police constable, or assistant police constable, 
or United States marshal, or other peace officer 
of this state, or a sheriff, or one of the usual 
genera! deputies of any sheriff of this state, 
to serve any criminal process within the said 
city. 

Exemption from military and jury duty ano 

civil process. 

Sec. 341. No person holding office under this 
department shall be liable to military or jury 
duty, and no officer of patrolman while actu- 
ally on duty shall be liable to arrest on civil 
process, or to service of subpena from civil 
courts. 

Steam boilers. Inspection of. Not to be 

operated without certificate. 

Sec. 342. Every owner, agent, or lessee of 
a steam boiler or boilers in use in the city 
of New York shall annually, and at 
such convenient times and in such man- 
ner and in such form as may by 
rules and regulations to be made there- 
for by the police board, be provided, report 
to the said department the location of each 
steam boiler or boilers, and thereupon, and 
as soon thereafter as practicable, the sanitary 
company or such member or members there- 
of as may be competent for the duty herein 
described, and may be detailed for such duty 
by the police board shall proceed to inspect 
such steam boilers, and all apparatus and ap- 
pliances connected therewith; but no person 
shall be detailed for such duty except he be 
a pratical engineer, and the strength and se- 
curity of each boiler shall be tested by atmos- 
pheric and hydrostatic pressure and the 
strength and security of each boiler or 
boilers so tested, shall have under 
the control of said sanitary com- 


pany, such attachments, apparatus and appli- 
ances as may be necessary for the limitation 
of pressure, locked and secured in like man- 
ner as may be from time to time adopted by 
the United States inspectors of steam boilers 
or the secretary of the treasury, according to 
act of congress, passed July 25, 1S66; and they 
shall limit the pressure of steam to be applied 
to or upon 3uch boiler, certifying each Inspec- 
tion and such limit of pressure to the owner 
of the boiler Inspected, and also to the engi- 
neer in charge of same, and no greater amount 
of steam or pressure than that certified in the 
case of any boiler shall be applied thereto. 

In limiting the amount of pressure, whene- 
over the boiler under test will bear the same 
the limit desired by the owner of the boiler 
shall be the one certified. Every owner, agent 
or lessee ol’ a steam boiler or boilers in use in 
the city of New York shall, for the Inspection 
and testing of such or each of such boilers, 
as provided for in this act, and upon receiving 
from the police department a certificate set- 
ting forth the location of the boiler inspected, 
the date of such inspection, the persons by 
whom tho Inspection was made, and the limit 
of steam pressure which shall be applied to 
or upon such boiler or each of such boilers, 
pay annually to the treasurer of the police 
department for each boiler, for the use of the 
police pension fund, the sum of $2, such cer- 
tificate to continue in force for one year 
from the granting thereof when it shall ex- 
pire, unless sooner revoked or suspended. 

Such certificate may be renewed upon the 
payment of a like sum and like conditions, 
to be applied to a like purpose. It tfhall not 
be lawful for any person or persons, corpora- 
tion or corporations, to have used or operat- 
ed within the city of New York any steam 
boiler or boilers except for heating purposes 
and for railway locomotives, without having 
first had such 'boiler or boilers inspected or 
tested and procured for such boiler or each 
of such boilers so used or operated the cer- 
tificate herein provided for. 

The superintendent and Inspectors of boil- 
ers, in the employ of the police department, 
in the City of Brooklyn, and 'the boiler in- 
spectors in Long Island City, shall continue 
to discharge the duties heretofore devolved 
upon them, subject, however, to removal for 
cause, cr when they are no longer needed. 

Id. No person to use, or act as engineer for, 

without certificate. 

Sec. 343. It shall not he lawful for any per- 
son or persons to operate or use any steam 
boiler to generate steam except for railway, 
locomotive engines, and for heating purposes 
in private dwellings, and ’boilers carrying not 
over ten pounds of steam and not over ten 
horse power, or to act as engineer for such 
purposes in the city of New York without hav- 
ing a certificate of qualification therefor from 
practical engineers detailed as such by the 
police department, such certificate to be coun- 
tersigned by the officer in command of the 
sanitary company of the police department of 
the city of New York and to continue in force 
one year, unless sooner revoked or suspended. 
Such certificate may be revoked or suspended 
at any time by the police board upon the re- 
port of any two practical engineers, detailed 
as provided in this section, staing the grounds 
upon which such certificate should he revok- 
ed or suspended. Where such certificate 
shall have been revoked, a3 provided in this 
section, a like certificate shall not in any case 
ho issued to the same person within six 
months from tho date of the revocation of 
the former certificate held by such person. 
la. Record of inspections to be kept. 

Sec. 344. A correct record in proper form 
I shall be kept and preserved of all Inspections 


of steam boilers made under the direction of 
the police hoard, and of the amount of steam 
or pressure allowed in each case, and In 
casc<3 where any steam boiler or the appara- 
tus or appliances connected therewith shall 
be deemed by the department, after inspec- 
tion, to be insecure or dangerous, the depart- 
ment may prescribe such changes and altera- 
tions as may render such boilers, apparatus 
and appliances secure and devoid of danger. 
And in tho meantime, and until such changes 
and alterations are made and such appliances 
aotached, 6uch boiler, apparatus and appli- 
ances may be taken under the control of the 
police department and all persons prevented 
from using the same, and in cases deemed 
necessary the appliances, apparatus or at- 
tachment for the limitaion of pressure may be 
taken under the control of the said police de- 
partment. 

Id. Over-pressure forbidden. Owner neglect- 
ing to report boiler. 

Sec. 345. It shall not be lawful for any per- 
son or persons to apply or cause to be applied 
to any steam boiler a higher pressure of 
steam than that limited for the same in ac- 
cordance with the provisions of this chapter 
and any person violating the provisions of 
the last preceding section shall be guilty of a 
misdemeanor. In case any owner of any 
steam boiler in the said city shall fail or omit 
to have the same reported for inspection, as 
provided by law, such boiler may be taken 
under the control of the police department 
and all persons prevented from using the 
.same until It can be satisfactorily tested, as 
hereinbefore provided for, and the owner 
shall. In such case, be charged with the ex- 
pense of so testing it. 

Police board. Licenses for public exhibitions 

Sec. 346. The police board is authorized to 
grant licenses for public exhibitions, in the 
manner and on the conditions provided in 
title 2 cf chapter XXII of this act. 


Id. Licenses to emigrant boarding-houses. 

Bond. 

Sec. 347. The police board is authorized to 
grant licenses to persons keeping houses for 
the purpose of hoarding emigrant passengers. 
But before granting any guch license, said 
board shall require from such person or per- 
sons a bond satisfactory to it, with one or 
more sureties in the penal sum of $5,000, con- 
ditioned for the good behavior of such person 
or persons, and the proper conduct of all 
agents and runners in his or their employ. 
The police board may revoke any license for 
cause. The person or persons receiving such 
license shall pay the sum of $10 a year for 
each license. 


Id. Licenses to bookers of emigrant passengers. 

Sec. 348. The police board is authorized to 
grant licenses to persons exercising the voca- 
tion of booking emigrant passengers, or tak- 
ing money for their inland fare, or for the 
transportation of their baggage. The per- 
sons receiving such licenses shall pay the sum 
of $25 a year for each license. 

Id. Licenses to runners. Bonds. 






- laaut ii- 

censes authorizing the person or persons to 
whom the same are issued, upon any street 
public highway, dock or pier, or in any park 
or square, in the city of New York, or upon 
any water adjacent thereco, over' which said 
city has jurisdiction, to solicit patronage f or 
any hotel, cr inn, or passengers or patronage 
for any steamer, steamboat, ship, vessel or 
railroad, or fer any person or corporation 
selling or offering for sale passage tickets, or 


THE CHARTER FOR THE GREATER NEW YORK. 43 


contracting or offering to contract for pass- 
age in any such steamer, steamboat, ship, ves- 
sel or railroad. Such license shall be for 
the period of one year from the date thereof, 
and every person receiving such license shall 
pay the sum of $20 therefor to the police 
board, and shall also give to said board a bond, 
with two good and sufficient sureties jn the 
penalty of $300, conditioned for his good be- 
havior, and the faithful observance by him 
of the provisions of this section. It shall be 
lawful for said board, upon an application 
made prior to the expiration of said license to 
renow and continue the same from year to 
year, provided that the applicant therefor con- 
tinues in all respects qualified, as herein 
provided, to hold such license, and the 6aid 
applicant shall, upon receiving such renewal, 
pay into the city treasury the further sum 
of $12.50 per annum as a renewal fee. Li- 
censes and renewals may be revoked at 
any time by the said board for any cause 
satisfactory to it, such cause to be stated in 
writing to the person so removed at the time 
of the notice of his re'hioval. No person shall 
receive any license under the provisions of 
this section who is not a citizen of the United 
Stales and a person of good general character; 
such fact to be proved to the satisfaction of 
the police board. Said board shall render 
to the controller of said city quarterly ac- 
counts of all moneys received by it under 
the provisions of this section, and the amount 
so received shall be paid over by said board 
into the city treasury. 

Id. Special patrolmen for district telegraph 

companies. 

Sec. 350. The police board is hereby au- 
thorized, in addition to the police force now 
authorized by law, to appoint a number of 
persons, not exceeding two hundred, who 
may be designated by any company which 
may be operating a system of signaling by 
telegraph to a central office for police as- 
sistance to act as special patrolmen in con- 
nection with such telegraphic system. And 
the persons so appointed shall, in and about 
such service, have all the powers possessed by 
the members of the regular force, except as 
this may be limited by the regulations 
of the police board and they shall be 
subject to the supervision and control 
of the police department. No person 
shall be appointed as such special patrol- 
man who dees not possess the qualifications 
which may be required by the police board for 
such special servioe; and the persons so ap- 
pointed shall be subject, in case of emergency, 
to do duty as a part of the regular police 
force. Tho police board shall have power to 
revoke any such appointment or appointments 
at any time, and every person so appointed 
shall wear a badge and uniform, to be fur- 
nished by such company and approved by the 
police department. Such uniform shall be 
designated at the time of the first appoint- 
ment under this section, and shall be the 
permanent uniform to be worn by said special 
police. The pay of such special patrolmen 
and all expenses connected with their service 
shall be wholly paid by such company or 
companies, and no expense or liabilty shall at 
any time be incurred or paid by the police 
department for, or by reason of, the services 
of the persons so as aforesaid appointed. 

Police pension fund. Police board trustees of. 

Powers over. 

Sec. 351. The police beard shall be the trus- 
tees of the police pension fund hereinafter 
mentioned. The treasurer of said board shall 
be treasurer of the pension fund. He shall, 
before entering upon his duties as treasurer 
thereof, execute and deliver to said board, a 


bond in the penal sum of one hundred thous- 
and dollars, to be approved by the controller 
of the city of New York, and conditioned for 
the faithful discharge of his duties, and that 
he shall pay over and account for all moneys 
and property which shall come to his hands 
as such treasurer. Such trustees shall have 
charge of and administer said funds, and from 
time to time invest the same, or any part 
thereof, as they shall deem most beneficial to 
said fund, and they are empowered to make all 
necessary contracts and take all necessary and 
proper actions and proceedings 1ft the premis- 
es and to make payments from such fund 
of pensions granted in pursuance of this act, 
and also pensions now charged on said fund 
or any part thereof by or under existing laws, 
and said trustees shall be the legal successors 
of the trustee or trustees of the police life 
insurance fund, and of any police pension 
fund heretofore existing within the city of 
New York, as constitued by this act, including 
the pension fund of the park police, of the 
mayor, aldermen and commonal ty of the city of 
New York, and the pension fund of the park 
police of the city of Brooklyn. 

The said trustees may, and they are author- 
ized and empowered, from time to time to 
establish such rules and regulations for the 
disposition, investment, preservation and ad- 
ministration of the police pension fund as 
they may deem best. They shall report in 
detail to the municipal assembly of the city 
of New York, annually, in the month of Jan- 
uary, the condition of the police pension fund 
and the items of receipts and disbursements 
on account of the same. No payments what- 
ever shall be allowed or made by said trus- 
tees from said fund as reward, gratuity or 
compensation to any person for salary or 
services rendered, to or for said trustees, 
except payment of legal expenses. 

Id Funds to be paid trustees. Exemption 

from execution and process. False swear- 
ing in pension claims. 

Sec. 352. The said police pension funds ex- 
isting in said city of New York, as constituted 
by this act or in any part thereof when this act 
takes effect, and all moneys, bonds, invest- 
ments, securities', revenues and incomes there- 
of, or belonging thereto, in whose hands so- 
ever or wherever the same may be, shall 
be paid over and delivered on demand to the 
said trustees of the pension fund as consti- 
tuted by this act. The moneys, securities 
and effects of the police pension fund, and 
all pensions granted and payable from said 
fund shall be and are exempt from execution 
and from ail process and proceedings to en- 
join and recover the same by or on behalf of 
any creditor or person having or asserting 
any claims against, or debt or liability of, 
any pensioner of said fund. Every person 
who knowingly or willfully in any wise pro- 
cures the making or presentation of any false 
or fraudulent affidavit or affirmation concern- 
ing any claim for pension of payment thereof 
shall in ev ;ry such case forfeit a sum not 
exceeding two hundred and fifty dollars, to 
be sued for and recovered by and in the name 
of the said trustees, and when recovered, to be 
paid over to and thereupon become a part 
of the said police pension fund. Any person 
who shall willfully swear falsely in any oath 
or affirmation in obtaining or procuring any 
pension or payment thereof, under the pro- 
visions of this chapter, shall be guilty of per- 
jury. 

Id. Of what it consists. 

Sec. 353. The said police pension fund shall 
consist of: 

1. The capital, interest, income, dividends, 
cash, deposits, securities and credits former- 


ly belonging to the police life insurance 
fund, and any police pension fund, existing 
as aforesaid with the addition thereto, from 
time to time, of 

2. All forfeitures imposed by the police 
department from time to time, upon or 
against any member or members of the po- 
lice force; and of 

3. All rewards, fees, gifts, testimonials 
and emoluments that may be presented, paid 
or given to any member of the police force 
on account of police services, except such 
as have been or shall be allowed by the po- 
lice department to be retained by the said 
members, and also all gifts or bequests 
which may be made to the said pension fund, 
or to the said police board as trustees there- 
of. 

4. All lost, abandoned. Unclaimed or stol- 
en money remaining in the possession of 
the property clerk of the police department 
for the space of one year, and for which 
there shall be no lawful claimant, and all 
moneys arising from the sale by said prop- 
erty clerk of unclaimed, abandoned, lost or 
stolen property, and all moneys realized, 
derived or received from the sale of any 
condemned, unfit or unserviceable proper- 
ty belonging to or in the possession or under 
the control of the police department; and of 

5. All moneys, pay, compensation or sal- 
ary, or any part thereof, forfeited, deducted 
or withheld from any member or members 
of the police force on account of absence 
for any cause, lost time, sickness or 
other disability, physical or mental, to be 
paid monthly by the treasurer of the police 
board to the police pension fund. 

6. All moneys 'derived or received from 
any licenses or certificates granted or given 
under section 340 of this act. 

7. Any sum out of or share of excise 
moneys derived from the granting of licen- 
ses or permission to sell strong or spirit- 
uous liquors, ale, wine or beer, or out of 
or of any moneys paid for taxes upon the 
business of trafficking in or selling or deal- 
ing In strong or spirituous liquors, ale, 
wine, or beer, which by law was, at the time 
of the taking effect of this act, applicable to 
or appropriated to any police pension fund 
then existing within the limits of the said 
city cf New York, and such sum or share 
shall be paid in equal quarterly installments 
by the controller of the city of New York, 
or other person or officer having the legal 
custody thereof, to the treasurer of the police 
pension fund without any action or au- 
thority of or from any other official body or 
officer. 

8. All moneys received or derived from 
the granting or issuing of permits to carry 
pistols in said city, and no permit shall b* 
granted or issued to any person except 
upon the payment of two dollars and fifty 
cents in advance to the chief of police, nor 
shall any such permit continue In force for 
more than one year, when another may be 
issued from year to year, upon the pay- 
ment of a like sum. The chief of police is 
authorized to grant and issue permits for 
such purpose in proper cases, upon the pay- 
ment of the sum aforesaid, and all such 
moneys shall be paid over to the treasurer 
of the police pension fund. 

9. All moneys derived or received from 
the granting or issuing the permits, or the 
giving of permission to give masked balls, 
entertainments or parties, or either f of 
them, in the city of New York. No mas- 
querade or fancy dress ball, or other enter- 
tainment, shall be held, given or permitted 
in the city of New York, except upon con- 
dition that a license fee therefor of not less 
than five dollars nor more than one hua- 


44 


THE CHARTER FOR THE GREATER NEW YpRK. 


dred dollars shall first be paid to the 
police department who are authorized to 
demand and receive the same for the bene- 
fit of the police pension fund. 

10. A sum of money equal to but not greater 
than two per centum of the monthly pay, 
salary or compensation of each member of 
the police force, which sum shall be de- 
ducted monthly by the treasurer of the 
police board from the pay, salary, or com- 
pensation of each and every member of the 
police force, and the said treasurer of said 
board is hereby authorized, empowered and 
directed to deduct the said sum of money 
as aforesaid and forthwith to pay the same 
to the treasurer of the trustees of the police 
pension fund. 

11. Any and all other moneys and funds 
which, but for the passage of this act, 
would have been part of or applicable to 
any police pension fund at the time this 
act takes effect or thereafter within the 
limits of the city of New YoTk, as consti- 
tuted by this act. 

12. And any and all unexpended bal- 
ances of appropriation or amounts esti- 
mated, levied, raised or appropriated for 
the payment of salaries or compensation of 
members of the police force within said 
city of New York remaining unexpended or 
unapplied after allowing all claims pay- 
able therefrom. And the police board may, 
and it is hereby authorized to pay over to 
the police pension fund such unexpended 
balances or any part thereof, at any time 
after the expiration of the year for which 
the same were made and appropriated, and 
after allowing sufficient to satisfy all 
claims payable therefrom as aforesaid. 

13. In case the amount derived from the 
different sources mentioned and included 
in this section slhall not be sufficient at any 
time to enable the police department to 
pay in full the pensions which have been 
or which may hereafter be granted, it 
shall be the duty of the police department 
each year at the time of making up the 
departmental estimate, to prepare a full 
and detailed statement of the assets of 
said police pension fund and the amount 
which is required to pay in full all such 
pensions and to present the same to the 
board of estimate and apportionment to- 
gether with a statement of the amount of 
money required to enable the said board 
to pay the said pensions in full. It shall 
be the duty of said board of estimate and 
apportionment and the municipal assembly 
to make an appropriation sufficient to pro- 
vide for such deficiency, and the amount so 
appropriated shall be included in the tax 
levy, and the controller shall pay over the 
money to the treasurer of the police pen- 
sion fund. 

14. And the said police board, as trustees 
of the police pension fund, is hereby au- 
thorized and empowered to take and hold, 
as trustees of such fund, any and all gifts 
or bequests which may be made to such 
fund. 

Id. Pensions classified. 

Sec. 354. The police board shall have power, 
in its discretion, to retire and dismiss from 
membership in the said police force, and 
thereupon to grant pensions to, as hereinafter 
provided, any member of the police force of 
said city who shall have become disabled, 
physically or mentally, or superannuated by 
age so as to be unfit for police duty, and to 
widow's and orphans of such members to be 
paid from the police pension fund to the 
trustees thereof, as follows: 

1. To the widow of any member of any 
police force within the limits of said city, 
who shall have been killed while in the ac- 


tual performance of duty, or shall have died 
from the effects of any injury received 
whilst in the actual discharge of such duty, 
or who has died, or who shall hereafter die 
after ten years of service in any police 
force within the limits of the city of New 
York, or who shall have been retired upon 
a pension, if there be no child or children 
under eighteen years of age of any such 
member, the sum of not exceeding three 
hundred dollars per annum; but if there be 
any such child or children of such member 
under the age aforesaid, then the said sum 
may be divided between such widow, child 
or children in such proportions and in such 
manner as the said trustee may direct; pro- 
vided, however, that the foregoing provision 
shall not be applicable to the widow, child 
or children of any member of any police 
force within the limits of said city who 
shall have been killed or died prior to the 
taking effect of this act, unless such widow, 
child or children would have been entitled to 
a pension under the laws in force at that 
time; and provided further that in no event 
shall such widow, child or children receive a 
greater pension than she, it or they would 
fyave been entitled to under the laws in force 
immediately prior to the taking effect of 
this act. 

2. Subject to the like limitations, to 
any child or children under eighteen 
years of age of such member killed or dy- 
ing as aforesaid or pensioner as aforesaid, 
but leaving no widow, or, if a widow, then 
after her death to 6uch child or children 
being yet under eighteen years of K age, a 
sum not exceeding three hundred dollars 
per annum. 

3. Subject to the like limitations, to 
any such member of any such police 
force w'ho, whilst in the actual performance 
of duty and by reason of the performance 
of such duty and without fault or miscon- 
duct on his part, shall have become perma- 
nently disabled, physically or mentally, so 
as to be unfitted to perform full police duty, 
a sum not to exceed one-half nor less than 
one-fourth of his rate of compensation per 
annum. 

4. To any such member of the said police 
force who shall, after ten years, and less 
than twenty-five years membership in any 
such police force, become superannuated by 
age, permanently insane or mentally in- 
capacitated, or disabled physically or men- 
tally so as to be unfitted or unable to per- 
form full police duty by reason of such dis- 
ability or disease contracted without mis- 
conduct on his part, a sum not to exceed 
one-half nor less than one-fourth of his rate 
of compensation per annum. 

Id. When members of force entitled to pension. 
Amount and duration. 

Sec. 356. Any member of the police force 
being of the age of 55 years who has or shall 
have performed duty on any such police force 
as aforesaid for a period of twenty years or 
upward, upon his own application in writ- 
ing may, or upon a certificate of so many 
of the police surgeons as the police board may 
require showing that a member of whatever 
age who has served twenty years is perma- 
nently disabled, physicaly or mentally, so as 
to be unfit for duty, shall, by order of the 
police board, be relieved and dismissed from 
said force and service and placed on the 
roll of the police pension fund, and awarded 
and granted to be paid from said pension 
fund an annual pension during his lifetime 
of a sum not less than one-half of the full 
salary or compensation of such member so 
retired; and any member of the police force 
who has, or shall have performed duty on 


any such force aforesaid, for a period of 
twenty-five years or upward, being of the age 
of 55 years, or any member of any such police 
force who is an honorably discharged soldier 
or sailor from the army and navy of the 
United States in the late civil war, who shall 
have reached the age of 60 years, or any 
such soldier or sailor who has performed duty 
on any such force for a period of twenty 
years, upon his own application in writing, 
provided there are no charges against him 
pending, must be relieved and dismissed from 
said force and service by the department and 
placed on the roll of the police pension fund 
and awarded and granted to be paid from said 
pension fund an annual pension during his 
lifetime of the sum of not less than one-half 
of the full salary or compensation of such 
member so retired; and the said department 
may in like manner relieve and dismiss from 
the service and place on the roll of the po- 
lice pension fund, and grant and award a 
pension to any member of said force other 
than an honorably discharged soldier or sail- 
or of the Mexican or late civil war who shall 
have reached the age of 60 years. The said po- 
lice department shall award and grant pen- 
sions to the chief of police of $3,000; to each 
deputy chief of police, $2,500; to each inspec- 
tor, $1,750; to each captain of the police, 
$1,375, and to each sergeant and detective 
sergeant of police hereafter relieved and dis- 
missed from said force and service and placed 
on the roll of the pension fund, as hereinbe- 
fore provided, the sum of $1,000 per annum 
hereafter. 

Pensions granted under this section shall 
be for the natural life of the pensioner, and 
shall not be revolted, repealed or diminished. 

In case any member shall have voluntarily 
left any such police force, and entered into 
the United States service, and served in the 
war of the rebellion, in the army or navy, and 
received an honorable discharge and afterward 
shall have been reinstated or reappointed in 
the police force, the time of his service in 
the arqjy or navy shall be considered as con- J 
tinuous service in the police force. 

Pensions may, in the discretion of the said 
police department be continued and paid to I 
the widows and children, or, if no widow, to 
the child or children while under the age of I 
eighteen years of any member of the police 
force to whom pensions shall have been grant- I 
ed; provided, however, that such pension to 
such widows or children, as the pase may be, 
shall, in no instance, exceed six hundred 
dollars per annum, and the same may, in the 
discretion of the said board, be, from time to 
time, and at any time diminished, modified or 
revoked; provided, however, that no member ' 
of either of the police forces by this act con- 
solidated, having a right to retire upon a 
pension at the time this act takes effect, shall 
be deprived of such right by reason of his 
remaining upon the police force, or of any- 
thing in this act contained. 

In determining the terms of service of any 
member of the police force, service in the 
municipal and metropolitan force, and sub- 
sequently in the police force of the city of 
New York, as heretofore constituted, or in any 
police force within the limits of the city of 
New York, as hereby constituted, and there- 
after in the police force created by this act, 
shall be counted and held to be service in the 
police force of the city of New York for all 
the purposes of this chapter. 

Id. When certain pensions terminate. Equal- 
izing existing pensions. 

Sec. 356. Pensions to widows shall terminate 
when the widow shall re-marry, and pensions 
to children shall terminate whenever the chil- 
dren shail respectively marry cr arrive at the 


THE CHARTER FOR THE GREATER NEW YORK. 


45 


age of eighteen years. The police board may, 
In its discretion, order any pension granted, 
! or any part thereof to cease, or be diminish- 
ed, except those pensions as to which it is 
. otherwise provided in this act, and as therein 
provided; but in all such cases the said police 
“ board shall file with the trustees of the police 
; pension fund a written statement of the causes 

■ which determined the police board in ordering 
' any pension so to cease or be diminished; and 
1 nothing herein, or in any other act contained 
- shall render the granting of any pension 
1 obligatory on the police board or chargeable 
‘ as a matter of right upon said police pension 
! fund, except as herein provided. All existing 
' pensions lawfully granted, payable out of the 
! police life insurance fund, or any police 

■ pension fund of which the police board are 
l made trustees by this chapter, and not law- 
fully revoked, are continued and- shall be paid 

: out of the police pension fund in pursuance 
of the limitations and provisions of this 
chapter. 

Id. Certificate of disability. Department may 

make rules. 

Sec. 357. No member of the police force 
shall be granted, awarded, or paid a pension 
on account of physical or mental disability 
or disease, unless a certificate of so many of 
the police surgeons as the police board may 
require, which shall set forth the cause, na- 
ture and extent of the disability, disease or 
injury of such member shall be filed 
in the department. And no mem- 
ber shall be retired upon pension or be 
pensioned, nor shall any pension be awarded, 
granted or paid except as provided in this 
chapter, any other law to the contrary not- 
withstanding. The said police department is 
authorized and empowered to make and adopt 
all such rules, orders and regulations as are 
or may be necessary to carry out and enforce 
the provisions of this act as to pensions. 

Elections; powers transferred to police board. 

Board and offices abolished. 

Sec. 358. All the rights, powers, authority, 
duties and obligations, immediately heretofore 
by law vested in or imposed upon the board 
of elections of the city of Brooklyn, or upon 
the commissioners or either of them compris- 
ing such board, or upon the police commis- 
sioners of the mayor, aldermen and common- 
alty of the city of New York, with respect to 
elections, shall forthwith by force of . and as 
an effect of this chapter be transferred to 
and continue in and upon the police board 
created by this act, except in so far as the 
same shall be contrary to or Inconsistent 
with the provisions of the election law and 
of this chapter. The board of elections cf 
the city of Brooklyn and the tenure or term 
of office of the commissioners comprising such 
board and each of them are hereby abolished. 

General bureau of elections. Control of. 

Branches. 

Sec. 359. There shall be in the police de- 
partment created by this chapter a bureau 
to be known and designated as the general 
bureau of elections of the city of New York, 
which shall be located at police headquarters 
in the borough of Manhattan. Branches of 
said general bureau shall be established as 
follows: One in the borough of The Bronx; 
one in the borough of Brooklyn, one in the 
borough of Richmond and one in the borough 
of Queens. Said police board shall have cog- 
nizance and control of said general bureau 
of elections, and of the branches thereof, and 
of the officers, employes, affairs and adminis- 


tration of said general bureau and its 
branches. 

Id. Management. Superintendent. 

Sec. 360. The affairs of said general bureau 
of elections and of said branches thereof, 
under and subject to such rules, regulations 
and orders as may, from time to time, be 
made by said police board, not inconsistent 
with the provisionsof the election law or of this 
chapter, shall be managed, conducted and car- 
ried on by a person chosen and appointed by 
said police board who shall be known as the 
superintendent of elections of the city of New 
York; and such other officers, clerks, assist- 
ants and employees as may be selected or 
appointed as hereinafter provided. 

Id. Appointment of chiefs of branches and as- 
sistants. Salaries of assistants. Detail- 
ing members of police force. 

Sec. 361. Said police board shall also pro- 
vide and appoint for each of the said branch 
bureaus a chief of such branch bureau and 
such clerks, or other assistants, and furnish 
such accommodations and supplies for the 
conduct and administration of said general 
bureau and its branches, and their duties and 
affairs as my be reasonably necessary, and 
shall fix the grade, rank, duties and salaries 
of such clerks and other assistants. Said po- 
lice board shall pay said salaries in equal 
monthly installments. Said police board shall 
detail to said general bureau and its branches 
such patrolmen and other members of the po- 
lice force as may be necessary from time to 
time for the faithful performance by said 
general bureau and its branches of their func- 
tions and duties. 

Id. Officers' terms and salaries. Removals. 

Sec. 362. The said superintendent of elections 
shall hold his office fcr five years, and shall 
receive a salary of $6,000 a year. The chiefs 
of the branch bureaus of elections of the bor- 
oughs of Kings, Richmond, The Bronx and 
Queens shall receive such salaries re- 
spectively as shall be fixed by the police 
board, not to exceed the sum of $4,000 a year 
for the chief of the branch bureau of elec- 
tions in the borough of Brooklyn, $1,500 a 
year in the borough of The Bronx, and $1,500 
a year in each of the boroughs of Richmond 
and Queens. Such salaries shall be paid by 
thepolice board in equal monthly installments. 
Said •superintendent of elections and chiefs 
of branch bureaus shall each be removable at 
any time by the police board for cause. 

Id. Employes continued in service. 

Sec. 363. Until said police board shall other- 
wise provide, the clerks, assistant clerks, and 
other employes attached to or in the service 
of the board of elections of the City of Brook- 
lyn when this chapter takes effect shall con- 
tinue in the service and employment of the 
said general bureau of elections or said branches 
thereof, and they shall have the same salaries 
and perform the same duties as heretofore. 
But said police board shall have the power 
to fix the salaries, duties and rank of such 
clerks, assistant clerks and other employes. 

Id. Appropriation for expenses of. 

Sec. 364. The board of estimate and appor- 
tionment and the municipal assembly shall 
anually include in its final estimate and in its 
appropriations for the police department each 
year, such sums as may be necessary to pay 
the expenses of said general bureau of elec- 
tions and branches thereof, including salaries 
and compensations of the said superintendent 
of elections, and the chiefs of the branch bu- 
reaus thereof, and of all other clerks and as- 


sistants therein. The sums so included in the 
said estimate shall also be included in the 
yearly tax levy upon the estates, real and per- 
sonal, in the said city of New York. 

Id. Superintendent the chief executive officer. 

Annual report. 

Sec. 365. The superintendent of elections 
shall be the chief executive officer of the gen- 
eral bureau of elections and be chargeable with 
and responsible for the execution of the pro- 
visions of the election law and the rules and 
regulations of the police board relating to said 
general bureau or any of its branches. He 
shall render to the police board in each year 
a statement of the operations and expenses of 
the general bureau of elections and the 
branches thereof, together with an estimate of 
the expenses thereof for the ensuing year, and 
such recommendations In reference to the elec- 
tion law and the rules and regulations of the 
police board relating to the election bureau 
and as to elections as to him may seem advis- 
able. 

Id. Chiefs of branches. Duties. Location of 

offices. 

«6ec. 366. The chief of a branch bureau of 
elections shall perform such duties as now 
are or which may hereafter be prescribed by 
the election law, and the rules and regulations 
of the police board. He shall be subject to the 
orders and directions of the superintendent of 
elections under the rules and regulations of 
the said board, and his office shall be located 
at the police headquarters in the borough in 
which he is appointed to serve. 

Id. Election expenses a charge against the city 

Sec. 367. The legal compensation of all in- 
spectors of election, poll clerks and ballot 
clerks, the expenses of registration and re- 
vision of registration required by law, and 
of the compilation and publication of the 
registry of electors, of all necessary notices, 
posters, maps, advertisements, registers, 
books, blanks and stationery, rent and cost 
of fitting up, warming, lighting, cleaning and 
safe keeping of all places of registration, re- 
vision of registration and polling places, and 
of all supplies of every kind and nature for 
and all other necessary expenses of ail elec- 
tions in the city of New York, as constituted 
by this act, or any territory included therein 
shall be a charge against the city of New 
York and shall, upon proper certificates and 
vouchers, be paid in the same manner as by 
law is provided for the payment of the other 
expenses of and charges against the said city. 
And the sums necessary for the purposes and 
payment specified in this section shall, by the 
board of estimate and apportionment and the 
municipal assembly, be included in the an- 
nual budget each year, and such sums shall 
also be included in the yearly tax levy upon 
the estates, real and personal, in the city of 
New York. 

Id. Existing records and property transferreo 
to custody of. 

Sec. 368. All books, documents, papers, rec- 
ords and election appliances or appurtenances 
held or used by or under the control of the 
board of elections of the city of Brooklyn, 
or the board of police commissioners of the 
city Of New York, or the bureau of elections 
in said city, or other officers having cogni- 
zance of the conduct of elections in the city 
of New York as constituted by this act shall 
be transferred to the care, custody and con- 
trol of the general bureau of elections created 
by this chapter, but shall be in such c-are^ 


46 


THE CHARTER FOR THE GREATER NEW YORK. 


custody and control, subject to the orders of 
the police board. 

Id. Superintendent to destroy registers of 

electors, etc. 

Sec. 369. The superintendent of the general 
bureau of elections under the direction of the 
police board In the city of New York is here- 
by authorized and directed not less than two, 
years after each election, to sell or destroy all 
registers of electors, statements of canvass 
and tally sheets; provided that two copies of 
tjie register of electors for each election dis- 
trict, to be selected by the superintendent of 
the general bureau of elections, shall be ex- 
cepted and preserved from such sale or de- 
struction. 

Id. Application of preceding section. 

Sec. 370. The provisions of section 367 of 
this act shall apply to and include the ma- 
terial and records of former elections which 
may at any time be in the custody of said 
general bureau of elections or branches there- 
of, but shall not at any time apply to nor in- 
clude any material or records of any election 
as to which any proceeding may at any time 
be pending in any court, and such material 
or records shall remain on file and be pre- 
served. 

Disposition of proceeds of sales. 

Sec. 371. All moneys realized by sales under 
this chapter shall be paid over to the cham- 
berlain of the city of New York to the credit 
of the general fund of said city. 

CHAPTER IX. 

BOROUGH OFFICERS, LOCAL 
BOARDS AND LOCAL 
IMPROVEMENTS. 

Title 1. Borough officers. 

2. Local boards. 

3. Local improvements. 

TITLE 1. 

BOROUGH OFFICERS. 

President; qualifications, term, election, salary. 

Section 382. There shall be a president of 
each borough, who must be a resident there- 
of at the time of his election and remain a 
resident thereof throughout his term of office. 
The president and his successors shall be 
elected by the electors of the borough at all 
the elections whereat the mayors of the city 
of New York are respectively to be elected. 
The president shall hold his office for a term 
of four years, commencing at noon on the 
first day of January next after his election. 
The salary of the presidents of the boroughs 
of Manhattan, of the Bronx and of Brooklyn, 
respectively, shall be five thousand dollars a 
year, and the salary of the presidents of the 
boroughs of Queens and of Richmond, re- 
spectively, shall be three thousand dollars a 
year. A president of a borough may be re- 
moved by the mayor on charges, subject to the 
approval of the governor of the state of New 
York. Any vacancy in the office of president 
paused by removal from the borough, 
or otherwise, shafll be filled for the unexpired 
term by an election to such vacancy made 
by a majority vote of all the members of the 
municipal assembly then in office representing 
said borough, and in case of any such vacancy 
it shall be the duty of the mayor forthwith 
to call such members in session for such an 
election and to preside thereat; but he shall 
not vote unless his vote be necessary' to decide 
the election. In case of the disability of any 
president of the borough caused by protracted 


illness there shall be elected in the same 
manner as for a vacancy a president of the 
borough pro tempore, -who shall aot until the 
president is able to perform the duties of 
his office. 

President. Powers and duties. 

Sec. 383. A president of a borough shall, by 
virtue of his office, be a member of the local 
board of every district of local Improvements 
in his borough, and chairman thereof, en- 
titled to preside at its meetings and to vote 
as any other member, but he shall not have 
the power of veto. He shall have an office 
in such hall or public building of the borough 
as the municipal assembly may by resolution 
direct. He shall have power to appoint a 
secretary and other assistants and clerks, 
if provision be made therefor by the board of 
estimate and apportionment and the munici- 
pal assembly and within the proper appro- 
priation, to fix their salaries. The said secre- 
tary, assistants and clerks shall hold office 
at the pleasure of the president. 

President to call meetings of local board. 

Sec. 384. A president of the borough shall 
call all meetings of the various local boards 
of the borough, and shall give such notice 
thereof to the members as the ordinances of 
the municipal assembly may require. And he 
shall certify all resolutions, proceedings and 
determinations of the local beards of the dis- 
tricts of local improvements in his borough. 

Halls or buildings to be located in each bor- 
ough. 

Sec. 385. There may be when prescribed by 
this act a hall or public building or buildings 
in each borough, at which may be stationed 
deputies of such of the various administra- 
tive departments of the city government, as 
may be authorized by the board of public 
improvements, for the greater convenience of 
the people of the city in the discharge of the 
duties thereof, provided such deputies or di- 
visions shall be in all things as much a part 
of each department respectively, and as fully 
under the head thereof, as if the administra- 
tive force of said department were seated 
wholly in one building. 

TITLE 2. 

LOCAL BOARDS, 

Districts of local improvements. 

Sec. 390. For the purposes of local Improve- 
ments the territory of the city of New York 
is hereby divided into certain districts of lo- 
cal improvements. The districts so consti- 
tuted shall be named or numbered or oth- 
erwise distinguished by the municipal assem- 
bly. As first constituted by this act there shall 
be twenty-two districts of local improve- 
ments w'hich shall together comprise all of the 
territory by this act consolidated into the city 
of New York. The territory in each of the sen- 
atorial districts of the state of New York situat- 
ed in whole or in part within the limits of the 
city of New York, as constituted by this act, 
as such districts are divided by the consti- 
tution of the state of New York in force 
January 1, 1895, and to the extent that they 
are within the limits of said city, and as 
therein bounded and described, shall consti- 
tute a separate district of local improvements, 
that shall be bounded and described in the 
same terms as is the same territory when 
contained in a senate district, as aforesaid. 
The municipal assembly shall, whenever nec- 
essary, supplement and complete the descrip- 
tion of the boundaries of any district. 

The local board how constituted, jurisdiction. 

Sec. 391. There shall be in each and every 
district of local improvements a board of local 


improvements to be knowm and described as 
“the local board,” to be intrusted with the 
powers by this act prescribed. The jurisdic- 
tion of each local board shall be confined to 
the district for which it is constituted and to 
those subjects or matters the costs and ex- 
penses whereof are in whole or in part a 
charge upon the people or property of (he 
district or a part thereof, except so far as 
by this act jurisdiction may otherwise be 
given over matters of local administration ' 
w'ithin such district. Each local board shall v 
consist of the president of the borough where- 
in the district is situated, by virtue of his 
office, and of each member of the municipal 
assembly, who is a resident of such local im- 
provement district, by virtue of his office and 
during his term, as such member. Removal 
from the district shall vacate their offices as 
members of the said local board. The mem- 
bers of a local board shall serve as such mem- 
bers without compensation. If any proposed 
local improvement specified in section 393 of 
this act shall embrace the territory or affect 
the property of more than one district of local 1 
improvements, the members of the local 
boards of all the districts so affected shall, 
for all proceedings in the matter of such im- 
provement, constitute the local board for the 
purposes thereof, and its proceedings shall 
in all respects conform to the provisions of 
this act that regulate the proceedings of any 
other local board. 

Id. Procedure. 

Sec. 392. The action of a local board shall 
be by resolution, subject to the procedure gov- 
erning resolutions passed by the municipal 
assembly, and conformably thereto, save that 
they need not be submitted to the mayor of 
the city of New York for his approval. 

Id. Powers. 

Sec. 393. A local board, subject to the re- 
strictions provided by this act, shall have 
power in all cases where the cost of the im- 
provement is to be met in whole or in part 
by assessments upon the property benefited, 
to recommend that proceedings be Initiated 
to open, close, extend, widen, grade, pave, re- 
grade, repave and repair the streets, avenues 
and public places, and to construct lateral 
sewers within the district; to flag or reflag, 
curb or rccurb the sidewalks, and to relay 
crosswalks on such streets and avenues; to 
set or to reset street lamps; and to provide 
signs designating the names of the streets. A 
local board shall have power to hear com- 
plaints of nuisances in streets or avenues, 
or against disorderly houses, drinking saloons 
conducted without observance of the licenses 
therefor, gambling houses or any other places 
or congregations violative of good order or of 
the laws of this state, or other matters or 
things concerning the peace, comfort, order 
and good government respecting any neigh- 
borhood within the district, or concerning the 
condition of the poor within the district, and 
to pass such resolutions concerning the same 
as may not be inconsistent with the powers' 
of the municpal assembly or of the respective 
administrative departments of the city of 
New T ork, and to aid such municipal assem- ^ 
bly and departments in the discharge of their I 
duties respecting the good government of the 
said district. 

Id. Meetings; secretary; quorum. 

Sec. 394. Meetings of each local board shall 
be held at the main hall or public building 
of the borough. It shall be the duty of the 
president to call such meetings whenever in 
his opinion the public business shall require, ' 
or w henever he shall receive the written re- 
quest of any three members of a local board. 




THE CHARTER FOR THE GREATER NEW 


The secretary of the president of the borough 
shall act as the secretary of each local board, 
in the borough, without additional compen- 
sation. He shall keep a record of all resolu- 
tions, proceedings and determinations of each 
local board, and shall file the same in the 
office of the president of the borough, and ho 
shall discharge such other duties as may bo 
prescribed by this act, or by -the municipal 
assembly, or by the president of the borough, 
or by a local board. The president of a 
local board and one other member thereof shall 
constitute a quorum for the transaction of 
business at any meeting duly called called. 

TITLE 3 . 

LOCAL IMPROVEMENTS. 

President. Duty on receipt of petition. 

Sec. 400. When a petition for a local Im- 
provement within the jurisdiction of a local 
board has been received by the president of 
the borough, it shall be his duty to appoint a 
time for a meeting of the proper local board, 
not more than fifteen days thereafter, at which 
meeting such petition will by him be submit- 
ted to the said local board and he shall there- 
upon cause a notice to be published in the 
City Record, that such petition has been pre- 
sented to him and is on file in his office for 
inspection, and of the time when and of the 
place where there will be a meeting of the 
local board at which such petition will be sub- 
mitted by him, to said board, which time shall 
not be less than ten days after the publication 
of the notice. 

Local board, proceedings after petition. 

Sec. 401. The local board, after' the submis- 
sion of such petition and consideration of the 
same, may then, as the petition shall ask, rec- 
ommend that proceeds be initiated to open, 
to close, to extend, to widen, to regulate, 
to grade, to curb, to gutter to flag, and to 
pave streets, to )ay crosswalks and to con- 
struct lateral sewers within its districts, and 
generally "for such other improvements in and 
about such streets within its district as the 
public wants and convenience of the district 
shall require. 

Id. To transmit resolution; further procedure; 

expenses to be a lien. 

Sec. 402. If the local board shall by reso- 
lution decide to recommend that proceedings 
be initiated for a local improvement within its 
jurisdiction, it shall thereupon, forthwith, 
transmit a copy of such resolution to the 
board of public improvements. Said board 
shall promptly consider such resolution, and 
if, in its opinion, the work proposed ought 
to be proceeded with, it shall take such steps 
in regard thereto as are in this act provid- 
ed in the cases, where public works are pro- 
posed and initiated by said board of public 
improvements. The expense of all such im- 
provements shall be assessed and be a lien 
on the property benefited thereby in propor- 
tion to the amount of said benefit, and in no 
case shall extend beyond the limits of said 
district. 

Local boards, power to flag sidewalks, etc. 

Pec. 403. A local board shall have the power 
fo cause the flagging or reflagging of side- 
walks laying or relaying of croswalks, fenc- 
ing vacant lots, digging down lots or filling 
in sunken lots -within its district, by resolu- 
tion approved by the board of public improve- 
ments. When such public work or improve- 
ment shall have been duly authorized, the 
beard of public improvements shall direct the 
proper department to proceed forthwith in the 
execution thereof, as in cases sublic 


works are proposed and initiated by said 
board of public improvements. 

Construction of this title. 

Sec. 404. Nothing in this title contained 
shall be construed to in any way limit the 
power of the board of public improvements 
or of the municipal assembly, or of the board 
of public Improvements and the municipal as- 
sembly conjointly, In authorizing any public 
improvement, nor shall anything herein con- 
tained be construed to authorize any local 
board to incur any expenditures other than 
authorized by the board of estimate and ap- 
portionment. 

CHAPTER X. 

THE BOARD OF PUBLIC IM- 
PROVEMENTS. 

Title 1. Beard of public improvements. 

2. Map or plan of the city of New York; 
map of sewer system and sewer dis- 
tricts. 

3. General provisions relating to de- 

paraments. 

4. Department of water supply. 

5. Depia'tment of highways. 

0. Department of street cleaning. 

7. Department of sewers. 

8. Department of public buildings, 

lighting and supplies. 

9. Department of bridges. 

TITLE 1. 

BOARD OF PUBLIC IMPROVEMENTS. 

Board of public improvements; how consti- 
tuted. 

Sec. 410. There shall be In the city of New 
York a beard of public improvements, to con- 
sist of the president of said board, ttie mayor, 
the corporation counsel, the controller, tbe 
commissioner of water supply the 
commisioner of highways, the commis- 
sioner of street cleaning, the commissioner of 
sewers, the commissioner of public buildings, 
lighting aud»supplles, the commissioner of 
bridges and the presidents of ‘the several bor- 
oughs, by virtue of their respective offices. 
The mayor, the corporation counsel, the con- 
troller, and the presidents of the several bor- 
oughs shall not be counted as members of the 
beard for the purpose of ascertaining if a quo- 
rum be present. No president of a borough 
shall have a vote in said beard except upon 
matters relating exclusively to the borough cf 
which he is president. 

Id. President; salary; powers. 

Sec. 411. The president of the board of pub- 
lic improvements shall be appointed by the 
mayor and hold his office, as provided in chap- 
ter IV of this act. His salary shall be ?8,000 
a year. He shall be a member of the board of 
revision of assessments. 

The said president shall have power to des- 
ignate one of the members of said board as 
vice president. 

The president, or in his absence, the vice 
president, shall preside at all meetings of said 
board, shall certify all proceedings thereof, 
except as a: her wise provided, and shall cause 
ali reports required by said board to be made > 
from the departments without delay. 

The president shall have power, in all j 
cases of difference in the said board con- | 
cerning the disposition of any public work, | 
to assign such work to one or more of the de- 
partments for execution; and iu case there 
shall arise any disagreement between the dif- 
ferent departments tepresented on said board, 
other than the department of finance and the 
law department, ar between contractors re- 1 


YORK. 47 


spcctively undertaking work pursuant to con- 
tracts let by the different departments, tbe 
said president shali decide such matter and 
his decision shall bo final until and unless 
such decision shall be reversed by the board 
of public improvements. In case of the in- 
ability of the president to decide any of such 
matters by reason of sickness, or absence 
from the city, for a period not less than three 
days, the mayor shall have power to decide 
the same. 

The president shall have the power to vote, 
but his approval shall not bo necessary for 
the validity of any resolution of the said 
board. 

Id. Secretary; office; meetings; quorum, etc. 

Sec. 412. The president of said board shali 
have power to appoint and remove a secretary 
of the board, and such other clerks as may be 
necessary. The secretary shall attend its meet- 
ings, keep and preserve a record of its pro- 
ceedings, and perform such other clerical du- 
ties as the board or tbe president may from 
time to lime direct. The salary of the sec- 
retary and of all clerks within the proper 
appropriation, shall be fixed and regulated 
by the said board. 

The municipal assembly shall make provi- 
sion for an office and a meeting room, in tho 
. borough of Manhattan, for said board of 
public improvements. Tbe said board shali 
meet, once a week at least, for the considera- 
tion of public business, and the president of 
tho board may call meetings of the said board 
whenever he may deem it necessary. A ma- 
jority of the members of the board who, as 
heretofore provided, are to be counted for the 
purpose of ascertaining if a quorum he pres- 
ent, shall form a quorum for the transaction 
of business, but final action shall not be 
had in any maitter specially concerning the 
department of any commissioner not in attend- 
ance, unless such matter has theretofore been 
made a special order of the day. The said 
board shall from time to time furnish to the 
municpal assembly such information and data 
as may be required of It, or as it may deem 
proper or necessary to impart, and shall make 
an annual report to the mayor. 

Authorizing public improvements. 

Sec. 413. Except as herein otherwise pro- 
vided, any public work or improvement with- 
in the cognizance and control of any one or 
more of the departments of the commission- 
ers who constitute the board of public im- 
provements, tha.t may be tbe subject of a con- 
tract, must first be duly authorized and ap- 
proved by a resolution of the board of public 
improvements and on ordinance or resolution 
of the municipal assembly. But no public 
work or improvement, involving an assess- 
ment for benefit shall be so authorized 
until there has been presented to the boara 
of public improvements an estimate in writ- 
ing, in such detail as the board may direct, 
of the cost of the proposed work or improve- 
ment, and a statement of the assessed value, 
according to the last preceding tax roil, of 
the real estate included within the probable 
area of assessment. Any ordinance or resolu- 
tion of the municipal assembly approving any 
public work or improvement shall be subject 
to the power of the mayor over resolutions 
or ordinances of the municipal assembly, 
which ordinance or resolution, together with 
a statement of tbe final disposition thereof, 
duly certified by the city clerk, shali be 
transmitted to the board of public improve- 
ments. When a public work or improvement 
shall have been duly authorized, as afore- 
said, then, but not until then, it shall be law- 
ful for tbe proper department to proceed in 
the execution thereof, in accordance with the 


48 


THE CHARTER FOR THE GREATER NEW YORK. 


provisions and subject to the limitations of 
this act. Nothing herein contained shall be 
construed as conferring on the board of pub- 
lic improvements any of the exclusive powers 
vested by law in any of the said commission- 
ers in his department concerning the details 
of any work or improvement. 

Municipal assembly; restriction on powers of. 

Sec. 414. It shall not be lawful for the 
municipal assembly to enter directly into 
contract for any public work or improvement 
Whatsoever. 

When proposals to enter upon public work 
of any character falling within the jurisdic- 
tion of the various departments represented 
in the board of public improvements originate 
in the municipal assembly, before an ordin- 
ance or resolution authorizing the same or 
providing money therefor shall be adopted, 
a report must be had from the board of pub- 
lic improvements as to the desirability there- 
of. Said board shall report in as much de- 
tail as possible, and shall submit an approxi- 
mate, and, whenever practicable, a detailed 
estimate of cost. If the report of the board 
of public improvements be favorable to the 
project, an ordinance or resolution author- 
izing the same may be passed in the usual 
manner; but, if the report of the board of 
public improvements be unfavorable, an or- 
dinance or resolution authorizing the project 
shall be passed only by a vote of five-sixths 
of both houses of the municipal assembly and 
be approved by the mayor. 

Board of public improvements; power with re- 
spect to certain subjects. 

Section 415. The board of public improve- 
ments shall have power over the following 
subjects; 

(1) The adoption of a map or plan for 
any part of the city of New York for which 
no final map or plan has been adopted. 

(2) Acquiring title for the use of the pub- 
lic to land required for parks, streets, ap- 
proaches to 'bridges and tunnels, sites or 
lands above or under water for bridges or 
tunnels. 

(3) Acquiring title for the use of the pub- 
lic to lands, or easements therein, required 
for sewers, as provided in title 7 of this 
chapter. 

(4) The approval of plans for the sewer- 
age and drainage of ’the city of New York, 
devised and prepared by the president of 
said board and the commissioner of sewers. 

(5) The construction, repairing and cleans- 
ing of sewers and underground drains. 

(6) 'Repairs and renewal of pavements and 
readjusting the grade of streets in con- 
nection therewith. 

(7) Water rents, superintendence of wa- 
ter supply of private water companies, con- 
tracts for water supply with private com- 
panies or other municipalities. 

(8) Any public work for which money has 
been provided either in the tax levy or by 
the issue of bonds for the repairing of 
streets, the municipal assembly may des- 
ignate the borough or boroughs in which the 
money obtained from the sale of such bonds 
shall be expended. 

To prepare ordinances, etc. 

Sec. 416. It shall be the duty of the board 
of public improvements to prepare and to 
recommend to the municipal assembly all or- 
dinances and resolutions regulating the fol- 
lowing matters: 

(1) The laying of water pipes and the 
making of all attachments thereto, and also 
the extending, constructing and repairing 
cf the water works. 

(21 The regulating, grading, curbing, gut- 


tering, flagging and paving of streets, the 
laying of crosswalks, the constructing, re- 
constructing and repairing of streets and 
the making of all excavations therein for 
public purposes, and also prescribing the 
width cf sidewalks, and regulating the man- 
ner cf constructing and laying the same. 

(3) Encroachments upon and obstructions 
in the city streets, and authorizing and re- 
quiring their removal. 

(4) The use of the streets and sidewalks 
for signs, sign posts, awnings, awn- 
ing posts, horse troughs, urinals, tele- 
graph posts and other purposes 

(5) The exhibition of advertisements or 
hand bills along the streets. 

(6) The construction, repair and use of 
vaults, cisterns, areas, hydrants and pumps. 

(7) The construction and repair of public 
markets. 

(8) The preservation and protection of all 
or any of the works connected with the sup- 
plying of the city of New York with pure 
and wholesome water. 

(9) The cleaning and sprinkling of streets, 
and the using cf streets and sidewalks in 
building operations and for all other tempor- 
ary or business purposes. 

(10) The laying of gas pipes and electric 
wires underground, steam pipes, pneumatic 
tubes and the like, and the lighting of 
all public thoroughfares, places, bridges 
and buildings, the inspecting and testing 
of gas or electricity employed for light, 
heating and power, gas meters, electric 
meters, electric wires, the use and trans- 
mission of electricity for all purposes in, 
upon, across, over and under all streets 
and public buildings, and the opening of 
street surfaces for the business of manu- 
facturing, using and selling electricity, 
gas, steam, or for the service of pneu- 
matic tubes. 

(11) The erecting, extending and repair- 
ing of public buildings, other than school 
houses, almshouses, penitentiaries and the 
police and fire station houses. 

(12) The rates of fare on the rail- 
road of the New York and Brooklyn bridge, 
and upon the roadways thereof, and upon 
any other bridge or bridges and the road- 
ways thereof, where a fare is, or may be 
authorized by law, and for the safety of 
travel upon any and all of the bridges with- 
in the territory of the city and not includ- 
ed within any of the public parks thereof. 

(13) The making of all contracts for 
public work or supplies, and agree- 
ments in relation thereto by which 
the city shall be liable to pay money; and 
such ordinances among other matters 
must provide, that the award, if any, must 
be made to the lowest bidder, unless the 
board of public improvements, by the vote 
of a majority of its members, of whom the 
mayor and the controller shall be two, 
shall determine that it is for the public 
interest that a bid other than the lowest 
Should be accepted, and that no contract 
shall be made until the controller certifies 
thereon that the necessary funds are pro- 
vided and applicable thereto. 

Public improvement: further procedure. 

Sec. 417. All proposed city ordinances regu- 
lating the public work specified in section 416 
of this act must from time to time be adopted 
or prepared by said bo-ard of public improve- 
ments, and when approved by said board, 
such proposed ordinances duly certified shall 
be submitted to the municipal assembly. 
And the municipal assembly shall, without 
power of amendment, take such ordi- 
nance or ordinances into consideration, and 
shall either enact or reject the same, and if 


rejected, it or they shaill be returned to the 
board of public improvements for further 
consideration. So far as may be possible in 
the first instance, and so far as the public 
business may permit, the ordinances regulat- 
ing the matters provided for in section 416 
of this act shall be submitted to the munici- 
pal assembly so as to afford an entire rule 
of municipal action upon each of the differ- 
ent subjects in said section described and 
specified. 

Board of public improvements; power to pre- 
scribe rules, etc. 

See. 418. The board of public improve- 
ments may prescribe rules, regulations or 
plans for the regulating, grading, paving, 
curbing and guttering of streets, avenues, 
roads and public places other than parks, and 
for the laying of crosswalks and sidewalks 
throughout the city. 

Contracts for work or supplies. 

Sec. 419. All contracts to be made or let 
for work to be done or supplies to be fur- 
nished, except as in this act otherwise pro- 
vided, and all sales of personal property in 
the custody of the several departments or 
bureau^ shall be made by the appropriate 
heads of departments under such regulations 
as shall be established by ordinances and 
resolutions of the municipal assembly. When- 
ever any work is necessary to be done to 
complete or perfect a particular job, or any 
supply is needful for any particular pur- 
pose, which work and job is to be undertaken 
or supply furnished for the city of New York, 
and the several parts of the said work or sup- 
ply shall, together, involve the expenditure 
of more than one thousand dollars, the same 
shall be by contract, under such regulations 
concerning it as shall be established by 
ordinance or resolution of the municipal as- 
sembly, excepting such works now in progress 
as are authorized by law or ordinance to be 
dome otherwise than by contract, and, unless 
otherwise ordered, by a vote of three-fourths 
of the members elected to the municipal as- 
sembly; and all contracts shall he entered 
into by the appropriate heads of departments, 
and shall, except as herein otherwise pro- 
vided, be founded on sealed bids or propos- 
als, made in compliance with public notice, 
duly advertised in the City Record, and the 
corporation newspapers, said notice to be pub- 
lished at least ten days; if the head of a de- 
partment shall not deem it for the interests of 
the city to reject all bids, he shall, without 
the consent or approval of any other depart- 
ment or officer of the city government, award 
the contract to the lowest bidder, unless the 
board of public improvements, by the vote of 
a majority of its members, of whom the mayor 
and the controller shall be two, shall deter- 
mine that it is for the public interest that a 
bid other than the lowest should be accepted; 
the terms of such contract shall be settled by 
the corporation counsel as an act of prelimi- 
nary specifications to the bid or proposal. The 
bidder whose bid is accepted shall give secur- 
ity for the faithful performance of his con- 
tract in the manner prescribed and required 
by ordinance; and the adequacy and sufficiency 
of this security shall, in addition to the justi- 
fication and acknowledgment, be approved by 
the controller. All bids or proposals shall be 
publicly opened by the officer or officers adver- 
tising for the same and in the presence of the 
controller, but the opening of the bids shall 
not be postponed if the controller shall, after i 
due notice, fail to attend. If the lowest bidder 
shall neglect or refuse to accept the contract 
within five days after written notice that the 
same has been awarded to his bid or proposal, 
or if he accepts but does not execute the con- 


THE CHARTER FOR THE GREATER NEW YORK. 


49 


tract and give the proper security, it shall be 
readvertised and relet as above provided. In 
case any work shall be abandoned by any con- 
tractor, it shall be readvertised and relet by 
the head of the appropriate department in the 
manner in this section provided. No bid shall 
I be accepted from, or contract awarded to, any 
person who is in arrears to the city of New 
York upon debt or contract, or who is a de- 
faulter, as surety or otherwise, upon any ob- 
! ligation to the city. Every contract, when 
made and entered into, as before provided for, 
shall be executed in duplicate, and shall be 
I filed in the department of finance, together 
with a copy of the resolution ordinance of the 
municipal assembly or of the resolution of 
the board of public improvements or copies 
of both, as the case may be, authorizing said 
work; such copies shall be so filed within five 
days after the contract shall have been duly 
i executed by the contractor; a receipt for each 
I payment, made on account of or in satisfaction 
'of the same, shall be indorsed on the said 
contract by the parry receiving the warrant, 
which warrant shall be only given to the per- 
son interested in such contract, or his author- 
ized representative. No expenditure for work 
or supplies involving an amount for which no 
contract is required shall be made, except the 
necessity therefor be certified to by the head 
of the appropriate department, and the ex- 
penditure has been duly authorized and ap- 
propriated. 

Proposals to be advertised; deposit to ac- 
company bid. 

Sec. 420. Whenever proposals for furnish- 
ing supplier or doing work are invited by ad- 
vertisement by any department or officer, such 
department or officer is authorized and di- 
rected to require, as a condition precedent to 
the reception or consideration of any proposal, 
the deposit with such department or officer 
of a certified check upon one of the state ot 
national banks of the said city, drawn to the 
order of the controller, or of money; such 
checks or money to accompany the proposal, 
to an amount not less than three nor more 
than five per cent, of the amount of the bond 
required by the department or officer for 
the faithful performance of the work proposed 
to be done or supplies to be furnished. Within 
three days after the decision a>3 to whom 
the contract is to be awarded, the controller 
shall return all the deposits made to the 
persons making the same, except the deposit 
made by the bidder whose bid has been ac- 
cepted; and if the said bidder whose bid has 
been accepted shall refuse or neglect, within 
five days after due notice that the contract has 
been awarded, to execute the same, the amount 
of deposit made by him shall be forfeited to 
and retained by the said city as liquidated 
damages for such neglect or refusal, and shall 
be paid into the sinking fund of the city, 
but if the said bidder shall execute the con- 
tract within the time aforesaid the amount of 
his deposit shall be returned to him. 

Certificate of completion to be fileo. 

Sec. 421. It shall be the duty of each of the 
commissioners mentioned in section 410, of 
this act, having in charge any work, within 
five days after the acceptance of such work, 
to file with the controller a final certificate 
of the completion and acceptance thereof, 
signed by the chief engineer or head of his 
department. The filing of such certificate 
shall be presumptive evidence that such work 
has been completed according to contract. 
It shall also be the duty of such commis- 
sioner, in the case of work to be paid for in 
whole or in part by assessment for benefit, 
when such work shall have been com- 
pleted and accepted, and all the expenses 


thereof which may be legally assessed shall 
have been ascertained, to execute a certificate 
of the total amount of all the cost and ex- 
penses which shall have been actually in- 
curred by the city of New York on account 
of such work and forward the same to ihe 
board of assessors in accordance with section 
946 of this act. Accompanying said 
certificate shall be a copy of the 
resolution or ordinance of the municipal 
assembly, or of the resolution of the board of 
public improvements, or copies of both, as 
the case may be, authorizing such work to be 
done, and also a copy of any resolution or 
ordinance, if any such has been passed, deter- 
mining that any proportion of the cost and 
expense of such work 6hall be borne by the 
city of New York. The board of assessors 
shall, upon receiving such certificate, assess 
upon the property benefited, in the manner 
authorized by law, the amount of the certifi- 
cate, of such proportions thereof as is author- 
ized by law. The proceedings relative to levy- 
ing, confirming and collecting any such assess- 
ments shall be in accordance with the pro- 
visions of chapter XVII of this act. 

Power to assess for local improvements. 

Sec. 422. In all cases where the board of 
public improvements or the municipal as- 
sembly, or the board of public Improvements 
and the municipal assembly together, with or 
without the concurrence or approval of any 
other board or officer, are authorized to deter- 
mine that a local improvement is to be made, 
the said board or the said municipal assem- 
bly, or both, as the case may be, shall deter- 
mine whether any, and if any, what propor- 
tion, of the cost and expense thereof, shall be 
borne and paid by the city of New York, end 
the remainder of such cost and expense shall 
be assessed upon the property deemed to be 
benefited thereby; and the assessment shall be 
laid and confirmed and collected in accord- 
ance with the provisions of chapter XVII of 
this act. 

The words “local improvement’’ as used in 
this section shall be construed to mean with 
respect to each borough of the city of New 
York any work the payment of which was, 
prior to the passage of this act, provided for 
by the laws in force in such borough, in whole 
or in part, by assessment upon the property 
deemed to be benefited thereby or the owners 
thereof, other than assessments which are 
confirmed by a court of record. 

Controller to pay contractors. 

Sec. 423. When a contract for a public im- 
provement shall have been entered into and 
a certified copy thereof shall have been filed 
with the controller, in conformity with sec- 
tion 419 of this act, said controller is hereby 
authorized and directed to pay to the contract- 
or or his assigns, from time to time as the 
work progresses, 70 per centum of the esti- 
mated value of the work actually done under 
said contract, until the same shall have been 
completed. The estimate of the value of 
any such work shall be signed by the sur- 
veyor and also by the chief engineer of the 
department having the matter in charge, and 
upon the final completion of any contract, and 
the filing of the final certificate of comple- 
tion, the controller shall, within thirty days 
thereafter, or within thirty days after the ex- 
piration of the time within which, according 
to the terms of the contract, the city has to ac- 
cept such work, pay to the contractor or 
his assigns, the balance of the amount due 
under said contract; provided, however, that 
the municipal assembly, upon the recommen- 
dation of the board of public improvements, 
may authorize contracts for asphalt or other 
pavements to be made, with a guaranty upon 


the part of the contractor for one or more 
years, with a provision for the retention of a 
percentage of the amount to be paid, which 
shall be paid within thirty days after the 
expiration of the guaranty, upon the filing 
of a certificate signed by the chier engineer 
of the department having the matter in charge 
that the terms of the contract have been com- 
plied with. The payments to be made by 
the controller pursuant to this section shall 
be made out of the “street improvement 
fund,” if the cost and expense of said work 
are to be assessed in whole or in part upon 
property deemed to be benefited thereby. The 
amounts collected from any and all assess- 
ments for local improvements paid for out 
of such fund, together with all defaults and 
interest on the same, are to be paid into 
said fund. 

It shall be the duty of, and lawful for the 
controller, when thereto authorized by the 
board of estimate and apportionment, to cre- 
ate and issue such additional amounts of the 
corporate stock of the city of New York 
as shall be necessary to provide for the cost 
and expense of such work, or such part there- 
of as is to be borne and paid by the city of 
New York; and the proceeds of the sale of 
such stock shall be paid into the street im- 
provement fund. 

Municipal assembly; further restrictions. 

Sec 424. It shall not be lawful for the muni- 
cipal assembly to release any contractor with 
the city or with any of the departments, 
boards, bureaus or officers thereof, from any 
fine or penalty incurred under his contract, 
save upon the unanimous recommendation of 
the board of public improvements. And it 
shall not be lawful for the municipal assem- 
bly to extend the time for the performance 
of any such contract save upon the unani- 
mous recommendation of the board of public 
improvements. 

Board of public improvements; further powers. 

Sec. 425. The board of public improvements 
is authorized and empowered, in its discre- 
tion on the application, in writ- 
ing, of the head of the fire depart- 
ment, to grant the said department loca- 
tion for apparatus houses in said department 
on any of the public property, streets or 
slips under the control and care of one or 
more of the commissioners who constitute 
said board; provided that the same are so lo- 
cated and constructed as in the judgment of 
the said board will not disfigure or mar the 
appearance of the same, nor interfere with 
the purpose of travel or public recreation, and 
if placed upon any street, avenue or slip, 
which shall not reduce the width of the same 
between the curbs for the purpose of travel at 
the place of such location to less than thirty 
feet on each side of said building. - 

Board of public improvements; general power. 

Sec. 426. The said board of public im- 
provements shall exercise such powers and 
perform such duties with respect to the whole 
territory embraced within the city of New 
York, as constituted by this act, as were 
heretofore vested in the board of street open- 
ing and improvements of the corporation 
known as the mayor, aldermen and common- 
alty of the city of New York, with respect to 
the territory included within that municipal- 
ity, except so far as the same have been oth- 
erwise specifically and expressly conferred 
by this act. And the said board of pub- 
lic improvements shall exercise such other 
powers and perform such other duties as are 
vested in or cast upon it by any of the pro- 
visions of this act, or that may in accord 


50 


THE CHARTER FOR THE GREATER NEW YORK. 


ance with the law be devolved upon It by 
the municipal assembly. 

TITLE 2. 

THE MAP OR PLAN OF THE CITY OF 
NEW YORK, ESTABLISHING OF 
GRADES, CHANGES THEREIN, 
MAP OF SEWER SYSTEM, 
ANDSEWER DISTRICTS. 

The map of the city of New York. 

Sec. 432. The map or plan of the territory 
lying within the borough of Manhattan, as 
tieretcfcira laid out, adopted and established 
by the municipal authorities of the corporation 
known as [tie mayor, aldermen and common- 
alty of the city of New York, and the map or 
plan of so much of the territory lying within 
the borough of the Bronx, laid out by the 
commissioner of street improvements of the 
Twenty- third and Twenty-founti wards, pur- 
suant to chapter 545 of the Jaws of 1890, and 
the acts amendatory thereof, as heretofore 
duly laid cut, adopted and established by such 
commissioner, with the concurrence and ap- 
proval of the beard of street opening and im- 
provements, pursuant to law, and the map or 
plan of so much of the territory lying within 
the borough of Brooklyn, for whichapermanent 
map cr plan has been adopted, as heretofore 
duly laid out, adopted and established by the 
proper municipal authorities, and [he map or 
plan of SO' much of the territory lying within 
th© borough of Queens, for which a perma- 
nent map cr plan has been adopted by the 
proper municipal authorities of Long Island 
City, as so laid cut, adopted and established, 
showing the parks, streets, bridges and tun- 
nels and approaches to bridges and tunnels, as 
heretofore laid cut, adopted and established, 
pursuant to law, and the maps and profiles in- 
cluded in or accompanying the same, showing 
the grades of such streets duly fixed, adopted 
and established, shall constitute the map or 
plan of the city of New York to the extent and 
eo far as they cover the territory lying within 
the said city, and as such is hereby laid out, 
adopted, established and confirmed, is to be 
deemed final and conclusive with respect to 
the location, width and grades of the streets 
shown thereon, so far as such location, width 
and grades have been heretofore duly adopted, 
except as herein otherwise provided. 

Map to be completed. 

Sec. 433. It shall be the duty of the presi- 
dent of the board of public improvements, sub- 
ject to tho limitations hereinafter provided, to 
prepare a map of so much of the territory em- 
braced within the city of New York, as con- 
stituted by this act, of which a map or plan 
has not heretofore been finally established and 
adopted, as set forth in section 432 of this act 
locating and laying out all parks, streets, 
bridges, tunnels and approaches to bridges 
and tunnels, and indicating the width and 
gruaes of all such streets so located and laid 
cu t. ; ‘ 

Whenever and as often as the president of 
the board of public improvements shall have 
completed the map of a part of the territory 
aforesaid, he shall report the same, together 
with the surveys, maps and profiles, showing 
the parks, streets, bridges, tunnels and ap- 
proaches to bridges and tunnels, located and 
laid out by him, and the grades thereof, to 
the board of public improvements, for its 
concurrence and approval, subject, neverthe- 
less, to such corrections or modifications as 
in the judgment of the majority of said board 
may be advisable; and the said board there- 
after shall cause such map or plan, and such 
profiles, as finally adopted by it, to be certi- 


fied by the president and secretary of said 
board, and filed as follows [ One copy thereof 
in the office in which conveyances of real es- 
tate are required to be recorded in the county 
in which the territory shown upon such map 
is located; one copy thereof in the office of 
the corporation counsel, and one copy there- 
of in the office of the hoard of public im- 
provements. Such map and profiles, when so 
adopted and filed, shall become a part of the 
map or plan of the city of New York, and 
shall be deemed to be final and conclusive 
with respect to the location, width and grades 
of the streets shown thereon, and the same 
shall not be subject to any further change or 
modification except as provided in section 436 
of this aet; provided, however, that the hoard 
of public improvements, within three months 
after the opening of a street, shall have the 
power to alter the grade of such street, and 
to alter the grades of intersecting streets, so 
far as it may he necessary to conform the 
same to the new grades of the street opened. 

President may be required to complete map. 

Sec. 434. The board of public improvements, 
or the municipal assembly, with the approval 
of the mayor, may at any time require the 
president of the hoard of public improve- 
ments to confplete the map or plan of the 
whole or of a part of the territory for which 
the map or plan shall not at such time have 
been finally established and adopted, as spec- 
ified in sections 432 and 433 of this act, and to 
report the same to the hoard of public im- 
provements, within a fixed and specified time. 

Grades established by user. 

Sec. 435. Whenever any street in the city 
of New York shall have been used as such for 
upwards of twenty years without having the 
grade thereof established by law, the level or 
surface of such street as so used shall be 
deemed to be and to have been the grade 
thereof. 

Authority to change the map or plan of the city 

or to change grades. 

Sec. 436. The board of public improvements 
is authorized and empowered, whenever and 
as often as it may deem it for the public in- 
terest so to do, to, to initiate a change in 'the 
map or plan of the city at New York, so as to 
lay out new streets, bridges, tunnels, ap- 
proaches to bridges and tunnels and porks, 
and to widen, straighten, extend, alter and 
close existing streets, and to change the grade 
of existing streets shown upon such map or 
plan, by publishing notice of its proposed ac- 
tion for ten days in the City Record and 
the corporation newspapers, and giving an op- 
portunity for all persons interested in such 
change to be heard, at a time and place to 
be specified in such notice, such time to be 
not less than ten days after the first publi- 
cation of such notice. After the due publica- 
tion of such notice, and atfter hearing protests 
and objections, if any there be, against the 
proposed change, if the eaid beard shall favor 
such change, notwithstanding such pro- 
tests and objections, it shall transmit its 
resolution to that effect to the municipal as- 
sembly, together with the objections, if any, 
which have been made in writing, and filed 
with it, and a statement of its reasons for 
such determination. 

If both houses of the municipal assembly 
concur in such resolution passed by the board 
of public Improvements, by passing an ordi- 
nance adopting and approving the same by a 
two-thirds vote, and the same receives the 
approval of the mayor, such change in the 
map or plan of the city off New York, or in 
the grade off any street or streets shown 
thereon, shall be deemed to have been made. 
a 


The board of public Improvement is au- 
thorized and empowered without the concur- 
rence of the municipal assembly, but with 
the approval of the mayor, to change the 
grades of bridges, tunnels and approaches to 
'bridges and tunnels, and the location off ap- 
proaches to bridges and tunnels. 

Maps of city to be kept in office of corporation 
counsel and office of board of public im-f 

provements; maps showing changes where 

filed. 

Sec. 437. The map or plan of the city of 
New York or a certified copy thereof, show- 
ing the streets and parks within the city of 
New York, as constituted by this act, shall 
be kept, one copy thereof in the office of the 
corporation counsel and one copy thereof in 
the office of the board of public improvements, 
Whenever the map or plan of the oity of New 
York, as heretofore laid out, adopted, es- 
tablished and confirmed by this act, or a3 
hereafter laid out, adopted and established, 
pursuant to this act, shall be changed, and 
whenever the grade of any street shown there- 
on shall be changed, the board of public Im- 
provements shall forthwith cause the maps 
and profiles, showing such change in the map 
or plan of the city of New York, or in the 
grade of a street or streets shown thereon, 
to be certified by the secretary of said board 
and filed as follows: one copy thereof in the 
office in which conveyances of real estate 
are required to be recorded in the county 
in which the territory shown upon cald copy 
is located; one copy thereof in the office of 
the corporation counsel, and one copy there- 
of in the office of the board of public im- 
provements. 

Drainage and sewer system to be completed. 

Sec. 438. It shall be the duty of the said 
president of the board of public improve- 
ments, together with the commissioner of 
sewers, and subject to the approval of the 
board of public improvements, to devise and 
prepare, so far as the same has not already 
been' done, a plan for the proper sewerage 
and drainage of the whole of said city, for the 
purpose of thoroughly draining and carrying 
off water and other matter proper to be car- 
ried off by sewers. The said commissioner 
shall, so far as the same has not already 
been done, and subject to the like approval, 
lay out the said city into as many sewerage 
districts as he may deem necessary for the 
aforesaid purpose, and shall also determine 
and show, on suitable maps or plans, the 
location, cost, size and grade of each sewer 
and drain proposed for each of said distrists, 
and the proposed alterations and improve- 
ments in existing sewers, and shall also de- 
termine and show, on said maps or plans, 
the contemplated depth of said sewers and 
drains below the present surface, and also 
below the established grades of the streets 
and avenues in each of said districts, and 
such other particulars as may be necessary 
for the purpose cf exhibiting a complete plan 
of the proposed sewerage therein. 

Drainage plan to be filed. 

Sec. 439. Upon the completion of the map or 
plan for the drainage of any sewerage district 
and its approval by the beard of public im- 
provements, such map or plan shall be the 
permanent plan for the sewerage of such dis- 
trict; subject, however, to such subsequent 
modifications as may, in the opinion of the 
commissioner of sewers and the board of 
public improvements, become necessary in 
consequence of alterations made in the loca- 
tion or grade of any street or part thereof in 
said district, or for other reasons. Copies of 
such complete map or plan and of the map* 


THE CHARTER FOR THE GREATER NEW YORK. 


51 


1 showing modifications therein shall be certified 
by the president and secretary of the board 
of public improvements and shall be filed as 
| follows: One copy thereof in the office in 
which conveyances of real estate are required 
to be recorded in, the county in which the 
territory shown upon said map is located; one. 
copy thereof in the office of the corporation 
counsel, and one copy thereof in the office of 
the beard of public improvements. 

( All sewers to be in accordance with general 
plan. 

Sec. 440. It shall not be lawful hereafter to 
construct any sewer or drain in the city un- 
less such sewer or drain shall be in accord- 
ance with the general plan, approved by the 
beard of public improvements as aforesaid, 
for the sewerage of the particular district in 
which such sewer or drain is proposed to be 
constructed. 

Raising of grade for drainage. 

Sec. 441. Whenever the commissioner of 
sewere shall report to the board of public im- 
provements that it is necessary to raise the 
grade of any street or streets for the proper 
sewerage of the sewer district in which such 
street or streets, or parts of streets, are 
situated, the said beard is hereby authorized 
and empowered to change the grade of such 
street or streets, or parts of streets, so far as 
shall be necessary for the proper drainage 
thereof. 

Power to mark boundaries and to make surveys. 

Sec. 442. The president of the board of public 
improvements shall have power to mark any 
boundary line or lines of the municipal cor- 
poration constituted by this act and known 
as the city of New York, as said boundary line 
or lines is or are determined in and by this 
act, so as to distinguish and define the bound- 
aries of said city, the boundaries of the bor- 
oughs thereof, and any other boundary line 
or lines determined in and by this act, by 
such monuments as may be authorized by 
resolution of the board of public improve- 
ments. He shall upon the request of the 
board of public improvements, of the 
municipal assembly, cf a local board 
of commissioners of estimate cr of commis- 
sioners of estimate and assessments, furnish 
surveys, diagrams or other information as 
may enable them to fully discharge the duties 
imposed upon them by this act relative to 
street and park improvements. It shall be 
lawful for the president of the board of public 
improvements, and all persons acting under 
his authority, to enter in the daytime into 
and upon any lands, tenements and heredita- 
ments and waters which he shall deem neces- 
sary to be surveyed, used or converted for 
the laying out, surveying and monumenting 
of parks, streets, bridges, tunnels and ap- 
proaches to bridges and tunnels, in the city 
of New York, or fer marking any boundary 
line or lines. 

President to appoint surveyor, appropriations 
to be made for maps, etc. 

Sec. 443. The president of the board of 
public improvements shall have power to ap- 
point a surveyor or engineer who shall have 
the custody of the maps filed in the office of 
the board of public improvements and to fix 
his salary within the proper appropriation. 
There shall be made in the final estimate 
each year such provisions or appropriations 
as may be necessary for the preparation and 
making of maps, plans and profiles, and for 
the setting of monuments, and the president 
of the board of public improvements shall be 
authorized, within the limits of such pro- 
vision or appropriation, to employ such en- 


gineers, surveyors, clerks and assistants as 
may in his judgment be necessary for any 
part of such work. 

Board may detail employes to assist president. 

Sec. 444. The board of public improvements 
may, from time to time, and for so long a 
time as may be necessary, detail such em- 
ployes from any department as they may 
deem necessary, to assist the president of 
the board of public improvements in carry- 
ing out the duties Imposed upon him by this 
act. 

TITLE 3. 

GENERAL PROVISIONS RELATING 
TO THE DEPARTMENTS OF 
WATER SUPPLY, HIGHWAYS, 
STREET CLEANING, SEW- 
ERS, PUBLIC BUILD- 
INGS, LIGHTING AND 
SUPPLIES AND 
BRIDGES. 

Heads of departments. 

Sec. 450. Each of the commissioners here- 
inafter provided for in this chapter shall in 
all respects administer his department in 
conformity with the ordinances of the munici- 
pal assembly relating thereto, and each shall 
be vested with the sole executive power in 
his department, and be subject to the laws 
of the state and the ordinances of the city for 
the conduct and the work of his department. 

Branches; where located. 

Sec. 451. The main office of each of the de- 
partments hereinafter mentioned in this chap- 
ter shall be located in the borough of Man- 
hattan, unless the board of public improve- 
ments shall otherwise determine. 

Branch offices of all or any of said depart- 
ments may be located within such other of 
*the boroughs as may be deemed advisable 
by the commissioner of such department, 
subject, however, to the approval of the board 
of public improvements; and it shall be the 
duty of the board of estimate and apportion- 
ment and of the municipal assembly CO' make 
proper provision therefor. 

Deputies. 

See. 452. The commissioner at the head of 
each of said departments may appoint one or 
more deputy commissioners, one of whom 
shall be located at the main office of such de- 
partment, and there may be a deputy in each 
borough In which is located a branch office 
of such department, or the same deputy may 
have charge of more "than one borough, as 
the commissioner appointing such deputy may 
deem advisable. 

A deputy commissioner located at a branch 
office shall, under the direction and control 
of the commissioner, appointing him, have 
charge of the office work of his department 
in the borough cr boroughs for which the of- 
fice was established and of the execution of 
all work devolved upon his department there- 
in. 

The commissioner at the head of each of 
said departments may designate one or more 
of said deputies, who- shall, in addition to his 
other powers, possess every power and per- 
form all and every duty "belonging to the of- 
fice of such commissioner, so far as specified 
in such designation, whenever so empowered 
by such commissioner by written authority, 
designating therein a period of time, not ex- 
tending beyond a period of three months nor 
beyond the term of office of such commis- 
sioner, during which such power and duty 
may be exercised, and 3uch designation and 


authority shall be duly filed in and remain 
of record in said department, but may be re- 
voked at any time. A deputy commissioner 
so designated shall possess the like authority 
in case of absence or disability of such com- 
missioner. 

Engineers. 

Sec. 453, The commissioner at the head of 
each of said departments, excepting the de- 
partment of street cleaning, shall appoint a 
chief engineer of his department, with power 
to appoint, remove, and detail a staff of as- 
sistant engineers. If the commissioier of any 
department and the board of public improve- 
ments deem it advisable that- more than one 
chief engineer be appointed for such depart- 
ment, such commissioner shall appoint such 
additional chief engineer or chief engineers, 
each with power to appoint and remove, at 
pleasure, and detail a staff of assistant en- 
gineers. All chief engineers and assistant 
engineers appointed by them respectively, must 
be civil engineers of at least ten years’ ex- 
perience. An engineer located at a branch 
office of his department in any borough may 
he appointed a deputy commissioner for the 
borough or boroughs to which he is assigned. 
An assistant engineer who has been appointed 
a deputy commissioner may be designated 
as the engineer for the borough in which he 
acts as deputy. Any engineer may be desig- 
nated by such title as shall properly describe 
his principal duties in the judgment of the 
head of his department. 

Chief engineer's duties. 

Sec. 454. Each chief engineer shall perform 
such duties as may be required of him by 
this act by the commissioner at the head of 
his department or by his deputy in the bor- 
ough in which such engineer shall be located. 

Consulting engineers. 

Sec. 455. The commissioner of water supply, 
the commissioner of highways, and the com- 
missioner of sewers, shall each appoint, with- 
out definite term, when thereto authorized 
by the board of public improvements, a con- 
sulting engineer to their respective depart- 
ments, who shall be an expert in all matters 
relating to the work performed by the de- 
partment in which He is appointed and who 
shall have had at least fifteen years’ experi- 
ence as a civil engineer. 

The commissioner of public buildings, light- 
ing and supplies shall appoint (each without 
definite term) when thereto authorized by the 
hoard of public Improvements, a consulting 
engineer cf lighting and electricity to his de- 
partment, who shall be an expert in ail mat- 
ters relating to lighting and electricity, and 
whose training shall also have included in- 
struction In the capacity of civil engineer, and 
a consulting engineer of public buildings to 
his department, who shall be an expert in 
the matter of construction, repair and main- 
tenance of public buildings, and a consulting 
architect to his department, who shall be an 
architect of recognized scientific and artistic 
standing of not less than fifteen years’ experi- 
ence. 

The commissioner of bridges shall at any 
time appoint without definite term, when 
thereto authorized by the board of public 
improvements a consulting engineer, who 
shall be a recognized expert in bridge con- 
struction, and who shall have had not less 
than ten years’ experience as a civil engineer. 

Commissioners, powers to appoint and fix sal- 
aries. 

Sec. 456. The commissioner at the head of 
each of said departments shall have power -to 
appoint such clerks and subordinates as may 


52 


THE CHARTER FOR THE GREATER NEW YORK. 


In his judgment be necessary in his main of- 
fice, and may fix and regulate their salaries, 
within the limits of the appropriation duly 
made therefor. 

A deputy commissioner in charge of a 
branch office of a department shall, subject to 
the approval of the head of his department, 
appoint such clerks and subordinates of 
his department, in and for his bor- 
ough, as may in his judgment be necessary, 
and fix and regulate their salaries, within the 
limits of the appropriation duly made there- 
for. 

Id. Other duties. 

Sec. 457. The commissioner at the head of 
each of said departments shall prepare and 
execute all contracts authorizd by the board 
of public improvements, or by said board 
and the municipal assembly for his depart- 
ment, and shall make and cause to be made 
all surveys, maps, plans, estimates and draw- 
ings of all works relating to his department, 
and shall preserve the same in the main office 
of the department, and shall make an annual 
report of the business and transactions of his 
department to the mayor. 

Id. To organize bureaus. 

Sec. 458. The commissioner at the head of 
each of said departments may organize such 
bureaus as he shall from time to time d 9 em 
necessary to the proper discharge of the du- 
ties of his department; he shall locate a 
branch of each of the bureaus so organized, 
In the public hall or building of the borough 
of Brooklyn, for the discharge of all of the 
duties of the department devolved upon such 
bureau or bureaus, so far as such duties per- 
tain to the borough of Brooklyn; and he may 
from time to time locate a branch of any or 
all bureaus so organized by him in any of the 
other boroughs of the city for the discharge 
of the duties devolved upon such bureau or 
bureaus, so far as such duties pertain to the 
boroughs wherein such branch or branches 
may he respectively located. 

Commissioners: power to appoint, etc. 

Sec. 4(59. If the commissioners of two or 
more departments named in this chapter shall 
at any time determine that the duties of the 
chief engineer or the deputy commissioner 
in each of said two or more departments in 
and for any borough can be adequately per- 
formed by one and the same person, then it 
shall be lawful for said commission- 
ers, each acting in his department, to ap- 
point the same individual as chief engineer 
or deputy commissioner, or both, of such de- 
partments for any of said boroughs; such ap- 
pointment as chief engineer may be revoked 
by the proper commissioner or commissioners, 
respectively, as to all but one department, 
whenever the board of public improvements 
shall so authorize; and the board of public 
improvements shall also then determine and 
decide for which department the said person 
shall remain and shall be chief engineer. 

Transfer of employes from borough to borough 

and from department to department. 

Sec. 460. Nothing in this act contained shall 
be construed to limit in any way the power of 
the commissioner at the head of any one of 
the departments named in this chapter to 
transfer any employe or employes from the 
office of his department located in one borough 
to the office of his department in any other 
borough. 

It shall be lawful for the board of public 
Improvements to transfer employes of one of 
the departments named in this chapter to 
another of said departments, provided that in 
•ach case the head3 of the departments af- 


fected shall consent to and request such 
transfer. 

Transfer of appropriations. 

Sec. 461. No appropriation specifically ap- 
propriated to be used in one borough shall be 
transferred for expenditure in any other bor- 
ough except by the unanimous vote of the 
board of estimate and apportionment; but if 
any public work within the cognizance and 
control of any one of said commissioners 
must be executed in more than one borough 
he may, in his discretion, direct that said 
work shall be done through the joint forces of 
his department in the boroughs affected, or 
he may execute such work with the force of 
his central office. 

Definition of word “street.” 

Sec. 462. Whenever the word “street” or 
the plural thereof, occurs in this chapter, 
it shall be deemed to include all that is in- 
cluded by the term “street, avenue, road, 
alley, lane, highway, boulevard, concourse, 
public square and public place,” or the plu- 
rals thereof, respectively. 

TITLE 4. 

DEPARTMENT OF WATER SUPPLY 

Commissioner of water supply; appointment; 
salary. 

Sec. 468. The head of the department of 
water supply shall be called the commissioner 
of water supply. He shall be appointed by 
the mayor and bold office as provided in chap- 
ter IV of this act. His salary shall be seven 
thousand five hundred dollars a year. 

Id. Jurisdiction. 

Sec. 469. The commissioner of water supply 
shall have cognizance and control: 

(1) Of all structures and property con- 
nected with the supply and distribution of 
water for public use, except where the same 
shall be owned by private corporations, in- 
cluding all fire and drinking hydrants and 
all water meters. 

(2) Of maintaining the quality of the water 
supply, and of the investigation for, and ihe 
construction of all work necessary to de- 
liver the proper and required quantity of 
water with ample reserve for contingencies 
and future demands. 

(3) Of the collection of the revenues from 
the sale or use of water from the public 
water supply. 

(4) Of the enforcing of the regulations 
concerning the uee of water and of recom- 
mending to the board of public improve- 
ments proposed ordinances relating to any 
of the matters within the province of his 
department. 

Id. Power when more than one borough in- 
volved. 

Sec. 470. If any of the public works within 
the cognizance and control of the said com- 
missioner of water supply must be executed 
entirely outside of the city limits, he may di- 
rect that such work be done by any of his 
force of any borough as may seem to him 
most advantageous. 

Id. Restriction on power to contract. 

Sec. 471. It shall not be lawful for the com- 
sioner of water supply to enter into any con- 
tract whatever with any person or corporation 
engaged in the business at supplying or sell- 
ing water for private or public use and con- 
sumption, unless preliminary to the execution 
of the contract, the assent af the board of pub- 
lic improvements after submission to it of 
the proposed contract in all its details, shall 

t 


be given by resolution to the execution of such 
contracts as submitted, and it shall not be 
lawful for the said city of New York or for 
any department thereof, to make any con- 
tract touching or concerning the public water 
supply, and especially the increase thereof, 
with any person or corporation whatsoever, 
save in accord with the provisions and re- 
quirements of this act, which said provisions 
and requirements are hereby declared to es- 
tablish the exclusive rule for the making of 
such contracts. 

Id. Power to determine source of water supply, 
condemnation proceedings, etc. 

Sec. 472. The commissioner of water supply, 
with the approval of the board of public im- 
provements, shall have power throughout the 
state of New York to select aud to determine 
all sources of water supply that may be need- 
ed for the supply of the public water works 
of said city, and for the supply and distribu- 
tion of water in said city. Any sources of 
water so selected and determined by him shall 
be deemed necessary for the public use of the 
city of New York, and thereupon, with the ap- 
proval of the board of public improvements 
and of the board of estimate and apportion- 
ment, together with the authority of the mu- 
nicipal assembly expressed by its resolution or 
ordinance, it shall be lawful for the city of 
New York to acquire by condemnation any 
real estate or any interest therein that may 
be necessary in order to acquire the sole and 
exclusive property in such source or sources 
of water supply, and to wholly extinguish the 
water rights of any other person or corpora- 
tion therein, with the right to lay, relay, re- 
pair and maintain conduits and water pipes 
with the connections and fixtures on the lands 
of others, the right to Intercept and to direct 
the flow of waters from the lands of riparian 
owners, and from persons owning or interest- 
ed in any water, and the right to prevent the 
flow or drainage of noxious or impure matters 
from the lands of others into its reservoirs 
or sources of supply, provided that he shall 
not have power to acquire or to extinguish the 
property rights of any person or corporation 
in or to any water rights that, at the time of 
the initiation of proceedings for condemnation, 
were in whole or in part devoted to the supply 
of the water works of the people of any other 
city, town or village of the state, or to the sup- 
ply and distribution of water to the people 
thereof, or to take or use the water from any 
of the canals of the state, any canal reser- 
voirs, or waters used exclusively as feeders 
for canals, or from any’ of the streams ac- 
quired by the state for supplying the canals 
with water. It shall be the duty of the cor- 
poration counsel to take the necessary legal 
prpceedings, as provided in this act, for such 
improvement, upon the request in writing of 
the said commissioner of water supply. In the 
ascertainment of the compensation for any 
property or property rights so acquired, such 
compensation shall be based upon the actual 
values of the property or the interest acquired 
therein at the time of its taking, and there 
shall not be taken into consideration any pros- 
pective or speculative value, based upon the 
possible, probable oe actual future use of such 
property or property rights, if the same had 
not been acquired by the said city of New 
York for the public use. 

The commissioner of water supply is here- 
by authorized to examine into the sources 
of water supply of any private companies 
supplying the city of New York or any por- 
tion thereof or its inhabitants with water 
to see that the same is wholesome and the 
supply is adequate, and to establish such 
rules and regulations in respect thereof as 
are reasonable and necessary for the con- 


THE CHARTER FOR THE GREATER NEW YORK. 


53 


venience of the public and the citizens; and 
tlhe board of public improvements may ex- 
eroise superintendence, regulation and con- 
trol in respect of the supply of water by such 
water companies, including rates, fares and 
charges to be made therefor, except that 
such rates, fares and charges shall not, with- 
out the consent of the grantee, be reduced 
by the board of public improvements beyond 
what is just and reasonable; and in case of a 
controversy the question of what is just and 
reasonable 1 shall be finally determined as a 
judicial question on its merits by a court of 
competent jurisdiction. 

Municipal assembly; power to fix rents, etc., 

for water supply. 

Sec. 473. The municipal assembly shall 
hereafter have all power, on recommendation 
of the board of public improvements, to fix 
and to establish a uniform scale of rents, 
and charges for supplying water by the city 
of New York which shall be apportioned to 
different diasses of buildings in said city in 
reference to their dimensions, values, ex- 
posures to fires, ordinary uses for dwellings, 
stores, shops, private stables and other com- 
mon purposes, number of families or occu- 
pants, or consumption of water, as near as 
may be practicable, and modify, alter, amend 
and Increase such scale from time to time, 
and to extend it to other descriptions of 
buildings and establishments. All extra 
charges for water shall be deemed to be in- 
cluded in the regular rents, which shall be- 
come a charge and lien upon the buildings 
upon which they are respectively imposed, 
and if not paid, shall be returned as 
arrears to the collector of assessments 
and arrears. Such regular rents, in- 
cluding the extra charges above men- 
tioned, shall be collected from the owners or 
occupants of all such buildings, respectively, 
which shall be situated upon lots adjoining 
any street or avenue in said city in which 
the distributing water pipes are or may be 
laid, and from which they can be supplied 
with water. Said rents, incfluding the extra 
charges aforesaid, shall become a charge 
and lien upon such houses and lots, respect- 
ively, as herein provided, but no charge 
whatever ffiiall be made against any building 
In which a w r ater meter may have been, or 
shall be placed as provided in this act. In 
all sucfh cases the charge for water shall be 
determined only by the quantity of water 
actually used as shown by said meters. 

Commissioner, power to contract for water 

supply for the Twenty-fourth ward; duty in 

relation to. 

Sec. 474. The commissioner of water sup- 
ply is authorized on behalf of the city of 
New York, with the preliminary consent of 
the board of public improvements and of the 
board of estimate and apportionment, to con- 
tract from time to time with the city of Yon- 
kers, or the board of water commis- 

sioners of the city of Yonkers, for 
a supply of wholesome water for the 
Twenty-fourth ward and other parts of the 
borough of the Bronx, from the water works 
or water belonging to them or under theli 
charge and control, for such time, in such 
quantities, and at such places as may be 
agreed upon by them. The said commission- 
er of water supply Is authorized and directed 
to procure, purchase and lay, provide and 
make ready for use, from time to time, so 
many mains and pipes and other means and 
appliances, and erect so many hydrants as I 
may be necessary and sufficient to distribute | 
and supply the water so procured under con - 1 


tract with the city of Yonkers to and through 
said Twenty-fourth ward, or such part of it 
as may require or be in need of the same, 
and which cannot be or, in his judgment, 
ought not to be supplied from the Croton wa- 
ter works, and to purchase, provide, do and 
perform all things necessary or proper to en- 
able the said Twenty-fourth ward, or said 
part, and the inhabitants thereof, to obtain 
and have an abundant supply of water at all 
times, and for such purpose, in case of ne- 
cessity or convenience, to arrange and agree 
with the owner of lands in said ward for an 
irrevocable license or permission to enter up- 
on, lay, repair, keep in order, protect and 
maintain mains, pipes, conduits and hydrants 
in, through and upon said lands. The munic- 
ipal assembly is authorized to fix, and from 
time to time to alter, on the recommendation 
of the board of public improvements, special 
ratesor charges for water supplied to any house 
or building, or to any other erection or struct- 
ure, in said Twenty-fourth ward, including 
washers and hydrants, and to make such ar- 
rangements and rules as may be proper to as- 
certain the quantity of water used therein, 
or by means thereof, and such rates and, 
charges shall be a lien until paid upon the 

( lands upon which such house, building or 
other erection or structure may stand or be 
situated, and shall be collectable at the same 
time and in the same manner, including sales 
for unpaid taxes, as the ordinary tax imposed 
on the same lands. 

Meters. 

Sec. 475. The commissioner of water supply 
is authorized, in his discretion, to cause water 
meters, the pattern and price of which shall 
be approved by the board of public im- 
provemnts, to be placed in all stores, 
workshops, hotels, manufactories, office 
buildings, public edifices, at wharves, ferry- 
houses, stables, and in all places in which 
water is furnished for business consumption, 
so that all water so furnished therein or there- 
at may be measured and known by the said de- 
partment, and for the purpose of ascertaining 
the ratable portion which consumers of water 
should pay for the water therein or thereat re- 
ceived and used. Thereafter, as shall be de- 
termined by the commissioner of water sup- 
ply, the said department shall make out all 
bills and charges for water furnished by them 
to each and every consumer as aforesaid, to 
whose consumption a meter as aforesaid is 
affixed in ratable proportion to the water 
consumed, as ascertained by the meter on 
his or her premises or places occupied or used 
as aforesaid. All expenses of meters, their 
connections and setting, water rates and other 
lawful charges for the supply of water shall 
be a lien upon the premises where such water 
is supplied as now provided by law. Nothing 
herein contained shall be construed so as to 
remit or prevent the due collection of arrear- 
ages or charges for water consumption hereto- 
fore incurred, nor interfere with the proper 
liens therefor, nor of charges, or rates, or 
liens hereafter to be incurred for water con- 
sumption in any dwelling house, building, or 
place which may not contain one of the meters 
aforesaid. The moneys collected for expenses 
of meters, their connections and settings, shall 
be applied by the commissioner of water sup- 
ply to the payment of expenses incurred in 
procuring, connecting and setting said meters. 

Additional charge for non payment of rents. 

Sec. 476. The annual rents which are not 
paid to the department of water supply be- 
fore the first day of August in each year, shall 
be subject to an additional charge of 5 per 
cent., and those rates not paid before the first 


day of November in each year shall be subject 
to a further additional charge of 10 per cent. 

No valve, etc., to be used with royalty. 

Sec. 477. No patent hydrant, valve, or stop- 
cock shall be used by the department of water 
supply unless the patentee or owner of said 
patent shall allow the use of the patent by 
said department without royalty. 

Printed notices of rules and regulations. 

Sec. 478. The rules and restriction^ for th« 
use of the water printed on each permit 
shall be notice to the water takers, and shall 
authorize the exaction and recovery by 
process of law of any penalties which may be 
imposed in addition to cutting off the use of 
the water for any violations of the rules, and 
this section shall be printed on such permits. 

Commissioners, duty in regard to sources of 

water supply and property of department. 

Sec. 479. The commissioner of water supply 
is charged with the preservation of all lakes 
and all waters from which a water supply ia 
drawn by the city, with the preservation of 
the banks of and of any river or other body 
of w T ater from which the water supply is 
drawn, from injury or nuisance, and with the 
execution of such measures as may be nec- 
essary to preserve and increase the quantity 
of water and keep it pure and wholesome 
and free from contamination and pollution 
with the management, preservation and re- 
pairs of the dams, gates, aqueducts, bridges, 
water towers, reservoirs, mains, pipes, pipe- 
yard and property of every description be- 
longing to the water works, and shall have 
the construction of such new works and the 
purchase and laying down of such mains and 
pipes as may be authorized in accordance 
with law. The department of water supply 
shall be responsible for the supply of water 
and the good order and security of all the 
wafer works, for the exaotness and durabili- 
ty of the structures which may be erected, 
and for the daily work to be performed and 
for the sufficiency of the supply in the pipe- 
yards to meet every casualty, and for the 
fidelity, care and attention of all persons 
employed by the department in watching the 
works and in making constructions and 
repairs. 

Assessment on lands used as reservoirs, etc. 

Sec. 480. The lands heretofore taken or to 
be taken for storage, reservoirs or for other 
constructions necessary for the introduction 
and maintenance of a sufficient supply of 
water in the city, or for the purpose of pre- 
venting contamination or pollution, shall be 
assessed and taxed in the counties In which 
they are or may be located, in the manner 
prescribed by law, at the value of the lands, 
exclusive of the aqueducts, and the construc- 
tion and works necessary for its purposes, 
provided that the assessed value of the said 
lands shall not exceed the assessed value of 
the lands in the immediate neighborhood 
thereof. 

Certain acts misdemeanors. 

Sec. 481. It shall not be lawful for any per- 
son to throw or deposit, or cause to be 
thrown or deposited in any lake, pond or 
stream, or in any aqueduct from or through 
which any part of the water supply of the 
city of New York shall be drawn, or either of 
the reservoirs, any dead animal or oth- 
er offensive matter, or anything what- 
ever. Any person offending against the pro- 
visions of this section shall be deemed guilty 
of a misdemeanor, and upon conviction there- 
of shall be punished by a fine or imprison- 
ment, or both, in the discretion of the court. 
Such fine not to exceed the sum of one hun- 


B4 


THE CHARTER FOR THE GREATER NEW YORK. 


dred dollars, and such imprisonment not to 
exceed a period of three months. Such im- 
prisonment to be in the jail of the county in 
which the offense shall have been committed. 

Id. Continued. 

Sec. 482. If any person shall willfully do or 
cause to be done any act whereby any work, 
materials or property whatever, erected or 
used or hereafter to be erected or used with- 
in the city or elsewhere, by the said city, or 
by any person acting under their authority, 
for the purpose of procuring or keeping a 
supply of water, shall in any manner bo in- 
jured or shall erect or place any nuisance on 
the banks of any river, lake or stream from 
which the water supply of said city shall 
be drawn, or shall throw anything into the 
aqueduct, or into any reservoir or pipe, such 
person, on conviction thereof, shall be deemed 
guilty of a misdemeanor. 

Duty of commissioner of water supply. 

Sec. 483. The commissioner of the water 
supply is hereby authorized, empowered and 
directed to carry out the provisions of this 
act, in the manner hereinafter provided, for 
the purpose of maintaining, preserving and 
increasing the supply of pure and wholesome 
water for the use of the city, and for the 
purpose of preventing or removing contam- 
ination or pollution of any supply or source 
or sources of supply of water heretofore ac- 
quired by or on behalf of said city, and for 
the purpose of preventing the contamination 
or pollution of any river, water course, lake, 
pond, stream or reservoir hereafter acquired 
for the purpose of supplying said city with 
water. 

To take proceedings to acquire title. 

Sec. 484. In all cases where the commission- 
er of water supply shall hereafter enter upon, 
acquire, take or use, or shall deem it necessary 
to enter upon, acquire, take or use any ‘‘real 
estate,” as the term real estate is defined by 
this act, for the purpose of maintaining, pre- 
serving or increasing the supply of pure 
and wholesome water for the use of said city, 
or for the purpose of preventing the contami- 
nation or pollution of the same, as herein- 
before set forth, the said commissioner is 
authorized, for and in behalf, and in the name 
of the city of New York, in the manner here- 
inafter prescribed, to acquire all rights, titles 
and interests in and to such real estate, by 
whomsoever the same may be held, enjoyed 
or claimed, and to pay for and extinguish all 
claims or damages on account of such rights, 
titles or interests, or growing out of such 
taking or using. 

Definition of “real estate." 

Sec. 485. The term “real estate” as used in 
this act shall be construed to signify and em- 
brace all uplands, lands under water, the 
water of any lake, pond or stream, all water 
rights or privileges, and any and all ease- 
ments and hereditaments, corporeal or in- 
corporeal, and every estate, interest and right, 
legal and equitable, in lands or water, or any 
privilege or easement thereunder, including 
terms for years, and liens thereon by way of 
judgment, mortgages or otherwise, and also 
all claims for damage to such real estate. It 
shall i also be construed to include all real 
estate (as the term is above defined) hereto- 
fore or hereafter acquired or used for rail- 
road, highway or other public purpose, provid- 
ing the persons or corporations owning such 
real estate, or claiming interests therein, 
shall be allowed the perpetual use, for such 
purposes, of the same or of such other real 
estate to be acquired for the purposes of this 
act as will afford practicable route or loca- 
tion for such railroad, highway or other public 


purpose, and in the case of a railroad com- 
mensurate with and adapted to its needs; 
and provided, also, that such persons or cor- 
porations shall not, directly or indirectly, be 
subject to expense, lass or damage by reason 
of changing such route or location, but that 
such expense, loss or damage shall be borne 
by the city. In case any real estate so acquir- 
ed or used for public purposes is sought to be 
taken or affected for the purposes of this act, 
there shall be designated upon the maps re- 
ferred to in this act, and there shall be de- 
scribed in the petition referred to, such portion 
of the other real estate shown on said maps 
and described in said petition as it is pro- 
posed to substitute in place of the real estate 
then used for such railroad, highway or other 
public purposes. The supreme court, at the 
special term to which said petition is pre- 
sented, or at such other special term as the 
consideration thereof may be noticed or ad- 
journed to, shall either approve the substi- 
tuted route or place or refer the same back 
to the said commissioner for alteration or 
amendment, and may refer the same back, 
with such directions or suggestions as the 
Eaid court may deem advisable, and as often 
as necessary, and until the said commissioner 
shall determine such substituted route or 
place as may be approved by the court, an 
appeal from any order made by said court 
at special term, under the provisions of this 
section, may be taken by any person or 
corporation interested in and aggrieved there- 
by, to the appellate division of the judicial 
department in which the real estate is situ- 
ated, and shall be heard as a non-enumerated 
motion. The commissioners! of appraisal here- 
in referred to, in determining the compensa- 
tion to be made to the persons or corporations 
owning such real estate, or claiming interest 
therein, shall include in the amount of such 
compensation such sum as shall be sufficient 
to defray the expenses of making such change 
of route and location and of building siald 
railroad or highway. The said commission- 
ers of appraisal shall suggest in their report, 
and the court, in the order confirming such 
report, shall determine, subject to review by 
the said appellate division, what reasonable 
time after payment of the awards' to said 
persons or corporations shall be sufficient 
within which to complete the work of mak- 
ing such change, and the said city of New 
York or the commissioner of water supply 
thereof shall not be entitled to take posses- 
sion or interfere with the use, for the 
aforesaid purposes, of such real estate, be- 
fore the expiration of such time. This time 
may be subsequently extended by the court 
(subject to review as aforesaid) upon suffi- 
cient cause shown. After the expiration of 
the time so determined or extended no use 
shall be made of said real estate which shall 
cause pollution to the water in said reservoir, 
or the construction of said reservoir, or inter- 
fere with its flow. 

Commissioner to prepare maps. 

Sec. 486. Whenever, in the opinion of said 
commissioner, it is necessary to acquire any 
such real estate (as the term “real estate” is 
herein defined) for any of the purposes here- 
inbefore set forth, or for the purpose of ex- 
tinguishing any right, title or interest there- 
to or therein, the said commissioner, for 
and on behalf of the city of New York, shall 
prepare a map or maps of the real estate 
which in his opinion it is necessary to acquire 
for the purposes hereinbefore set forth, and 
shall submit the same to the board of public 
improvements for approval. The said board 
may adopt, modify or reject such maps in 
whole or in part, and may require others to 
be made instead thereof. A copy of the map 


or maps so prepared, with a certificate of the 
adoption thereof, signed by the commissioner 
and the president of the board of public im- 
provements, shall be filed in the office of said 
commissioner and be open to public inspec- 
tion, and shall be the map or maps of the 
real estate to be acquired, subject to such 
changes or modifications as the said commis- 
sioner may from time to time deem necessary 
for the more efficient carrying out of the 
provisions of this act. And the said board of 
public improvements, prior to the final adop- 
tion of such map or maps, shall afford to all 
persons interested a full opportunity to be 
heard respecting such map or maps and the 
acquisition of the real estate shown thereon, 
and shall give public notice of such hearing, 
by publishing a notice, once in each week, 
for three successive weeks in the City Rec- 
ord and the corporation newspapers, and in 
bwo papers published in the county or counties 
in which the real estate to be acquired or 
affeoted is situated, and in two daily papers 
in the City of New York. At such hearing 
or hearings testimony may be produced by 
the parties appearing before him, in such 
manner as said board may determine, and the 
president of said board is hereby authorized 
to administer oaths and issue subpenas in any 
such proceeding pending before him. 

Power to enter upon lands for the purpose of 

making maps. 

Sec. 487. The said commissioner, his 
agents, engineers, surveyors and such other 
persons as may be necessary to enable him 
to perform his duties under this act, are 
hereby authorized to enter upon real estate, 
as the term real estate Is defined in this act, 
and any land or water on or contiguous to 
the line, course, site or track of any pond, 
lake, stream, reservoir, dam, aqueduct, cul- 
verts, sluices, canals, bridges, tunnels, pump- 
ing works, blow-offs, shafts and other appur- 
tenances, for the purpose of making surveys 
or examinations and preparing and posting 
the notices required by this act. 

Details of maps. 

Sec. 488. After the final adoption of said 
map cr maps the eaid commissioner shall 
prepare six similar maps or plans of the 
proposed site of any dam, reservoir, aque- 
duct, sluice culvert, canal, pumping works, 
bridges, tunnels, blow-offs, ventilating shafts, 
and other necessary appurtenances for the 
proper completion of the work so proposed by 
him. Upon these maps there shall be laid 
out and numbered the various parcels of 
real estate, on, over or through which the 
same are to be constructed and maintained, 
or which may be necessary for the prosecu- 
tion of the work authorized by this act. On 
said maps the natural and artificial division 
lines existing on the surface of the soil at 
the time of the survey shall 'be delineated, 
and tnere shall be plainly indicated thereon 
of which parcels the fee or other interest 
is to be acquired. The said maps may be 
made and filed in sections. One or more sec- 
tions may be determined 'before the maps 
of the whole construction are completed. The 
proceedings hereinafter authorized may, in 
like manner be taken separately, in reference 
to one or more of such sections, before the 
maps of the whole are filed. The work upon 
one or more of such sections may be begun 
before the maps cif the remaining sections 
are filed. The map or maps when adopted by 
the said commissioner and board of public 
improvements shall be by said commissioner 
transmitted to the corporation counsel, with 
a certificate of approval written thereon and 
signed by the said coram lesion er and tho 


THE CHARTER FOR THE GREATER NEW YORK. 


55 


president off 'the board of public improve- 
ments. 

Maps to be filed. 

Sec. 489. The corporation counsel shall 
j cause one off said maps to be filed in the of- 
fice ctf the clerk of each county in which any 
real estate laid out on said maps shall be lo- 
l cated, except that in any county in which 
| there may be a register’s office, the said map 
I shall be filed therein, instead of with the 
f county clerk. The fourth, fifth and sixth 
|| maps shall be disposed of in the manner in- 
dicated in section 495 of this act. 

Corporation counsel to conduct proceedings. 

Sec. 490. After the said maps shall have 
been filed, as provided for in the last section, 
the corporation counsel for and on behalf 
of the city of New York, shall, upon first 
giving the notice required in the next section 
of this title apply to the supreme court, at 
a special term thereof to be held in the ju- 
dicial district in which the real estate to be 
acquired or affected is situated, for the ap- 
pointment of commissioners of appraisal. Up- 
on such application ho shall present to the 
court a petition, signed and verified by the 
said commissioner, according to the practice 
of said court, setting forth the action thereto- 
fore taken by said commissioner and board 
of public improvement, and the filing of said 
map and praying for the appointment of such 
commissioners. Such petition shall contain 
a general description of all the real estate 
to, in, or over which any title, interest, right 
or easement is sought to be acquired for the 
said city for the purposes of this act, each 
parcel being more particularly described by 
a reference to the number of said parcel, as 
given on said map; and the title, interest or 
easement sought to be acquired to, in, or 
over such parcel, whether a fee or otherwise, 
shall be stated in the petition. 

Notice to be given. 

Sec. 491. The corporation counsel shall give 
notice in the City Record, and corporation 
newspapers, and in two public newspapers 
published in the city of New York, and in 
two public newspapers published in each other 
county in which any real estate laid out on 
said maps may be located, of his intention 
to make application to the said court for the 
appointment of such commissioners of apprais- 
al, which notice shall specify the time and 
place of such application, shall briefly state 
the object of the application, and shall de- 
scribe the real estate sought to be taken 
or affected. A statement of the boundaries of 
the real estate to be acquired or affected, 
with separate enumerations of the numbers 
of the parcels to be taken, in fee, and of the 
numbers of the parcels in which any interest 
or easement is to be acquired, with a refer- 
ence to the date and place of filing the said 
map shall be sufficient description of the 
real estate sought to be so taken or situated. 
Such notice shall be so published, once in each 
week, in each of the said newspapers, for 
six weeks immediately previous to the pres- 
entation of such petition; and the corporation 
counsel shall, in addition to the said adver- 
tisements, cause copies of the same, in hand- 
bills, to be posted in at leasf twenty con- 
spicuous places in the vicinity of the real 
estate so to be taken or affected, at least 
six weeks prior to said application. 

Motions for appointment of commissioners of 

appraisal. 

Sec. 492. At the time and place mentioned 
In said notice, unless the said court shall ad- 
journ said application 'to a subsequent day, 
ftnd in that event, at the time to wtiich tho 


same may be adjourned, the court upon due 
proof to its satisfaction of the publication and 
posting aforesaid, and upon filing “the said pe- 
tition, shall cnake an order for the appoint- 
ment of three disinterested and competent 
freeholders, one of whom shall reside in t(ie 
county of New York, one of whom shall reside 
in the county in which the real estate acquired 
or affected i3 situated, and one of whom' shall 
reside in tbo county in which the said real es- 
tate shall be situated, or in an adjoining coun- 
ty, as commissioners of appraisal to ascertain 
and appraise the compensation to be made to 
the owners and all persons interested In the 
real estate laid down on said maps, as pro- 
posed to be taken or affected for the purposes 
indicated in ibis act. Such order shall fix the 
time and place for the first meeting of the 
commissioners. 

Commissioners to take and file oath. 

Sec. 493. The said commissioners shall take 
and subscribe the cath required by the twelfth 
article of the constitution, and shall forthwith 
file the same in the office of the clerk of the 
county in which the real estate to- be acquired 
or affected is situated, and shall file certified 
copies of said oath in the office of the register 
and county clerk of the county of New York. 

City to become seized of real estate. 

Sec. 494. On filing the oath of the commis- 
sioners of appraisal, in the manner provided by 
the last section, the said city o-f New York 
shall be and become seized, in fee of all those 
parcels of real estate which are shown on the 
said map hereinbefore referred to, of which It 
has been determined by the said commis- 
sioner, that the fee shall be acquired and shall 
be entitled to take and hold such interest in 
the parcels of land in which it has been deter- 
mined that the fee shall not be acquired, as 
has been shown on said map and described in 
said petition, amd may immediately, upon the 
filing of such oaths and such certified copies, 
or at any time or times thereafter, take pos- 
session of the lands shown on said map, or any 
part or parts thereof, without any suit or pro- 
ceeding at law for that purpose. 

Proceedings of commissioners. 

Sec. 495. Any one of said commissioners of 
appraisal may Issue subpenas and administer 
oaths to witnesses; and they, or any one of 
them, in the absence of the others, may ad- 
journ the proceedings from time to time, in 
their discretion, hut they shall continue to 
meet, from time to time, as may be neces- 
sary to hear, consider and determine upon all 
claims which may be presented to them under 
this act. In case of death, resignation, re- 
fusal, neglect or inability to serve, of any 
commissioner or commissioners of appraisal, 
the corporation counsel shall, upon due no- 
tice to he given by advertisement in the 
newspapers designated in this act ten days 
prior to such application, apply to the su- 
preme court, at a special term thereof, to be 
held in the judicial district in which the real 
estate is situated for the appointment of one 
or more commissioners to fill the vacancy, 
or vacancies so occasioned. Whenever the 
commissioners meet, except by appointment 
of the court, or pursuant to adjournment, 
they shall cause reasonable notice to be given 
to the attorneys for such parties who have 
appeared. It shall he the duty of the commis- 
sioners of appraisal to procure from the cor- 
poration counsel the fourth, fifth and sixth 
copies of the maps provided for la this act. 
They shall view the real estate laid down on 
said maps, and shall hear the proofs and alle- 
gations of any owner, lessee or other person 
in any way entitled to, or interested in said 
estate, or any part or parcel thereof, and also 
such proofs and allegations as may be offered 


on behalf of the city of New York. They, 
or a majority of them, shall also determine 
the height to which the waters of any lake, 
pond or natural stream concerning which such 
proceedings were instituted may be raised 
and the point to which such waters may be 
drawn down by the City of New York, such 
determination to be made .before any award of 
damages shall be made on account of such 
proposed raising or depressing of such waters, 
and they shall also determine what sum shall 
be paid to the general or special guardian or 
committee of an Infant, idiot, or person of 
unsound mind, and to the attorney appointed 
by the court to attend to the Interests of 
any unknown owner or party In interest, or 
to the attorney or guardian of any party in 
interest whose interests are unknown or the 
interest of any person or persons not in be- 
ing. They shall reduce the testimony, if any, 
taken before them, to writing, and after the 
testimony is closed, they, or a majority of 
them, all having considered the same, and 
having an opportunity to be present, shall, 
without unnecessary delay, ascertain and de- 
termine the just compensation which ought 
justly to be made by the city of New York to 
the owners, or the persons Interested in the 
real estate sought to be acquired or affected 
by said proceedings. The said commissioners 
of appraisal shall make reports of their pro- 
ceedings to the supreme court, as in the next 
section provided, with the minutes of the tes- 
timony taken by them, if any, and they shall 
be entitled to the payments hereinafter pro- 
vided for their services and expenses, to be 
paid from the fund herein provided. 

Commissioners to prepare report. 

Sec. 496. The said commissioners shall pre- 
pare a report and a true copy or true copies 
thereof, as may be required, to which shall be 
resepetively annexed the fourth and fifth copies, 
and, if required, the sixth copies of the maps 
referred to In this act. The said report shall 
contain a brief description of the several 
parcels of real estate so taken or affected, 
with a reference to the map as shewing the 
location and boundaries of each parcel; a 
statement of the sum estimated and determin- 
ed upon by them as a just compensation to 
be made by the city to the owners of or per- 
sons entitled to or interested in each parcel 
so taken or affected, and a statement of the re- 
spetive owners of or persons entitled thereto 
or Interested therein ; but in all and each aim 
very case amd cases, where the owners and 
parties interested, or their respective estates or 
interests afo unknown, or not fully known, 
to the commissioners of appraisal. It shall be 
sufficient for them to set forth and state, in 
general terms, the respective sums to be al- 
lowed and paid to the owners of and parties 
interested therein generally, without speci- 
fying the names or estates or Interests Off such 
owners or parties Interested, or any cr either 
of them. They shall also recommend such 
sums as shall seem to them proper to be al- 
lowed to the parties or attorneys appearing 
before them, as costs, counsel fees, expenses 
and disbursements, including reasonable com- 
pensation for witnesses. 

Report to be filed. 

Sec. 497. Said report signed by said eom- 
mlsslomems, or a majority of them, shall be 
filed -in the office of the clerk of the county 
in which the real estate is situated. The 
commissioners o-f appraisal shall notify the 
corporation counsel as soon as the said report 
is filed. 

Notice of motion to confirm report. 

Sec. 498. The corporation counsel, or, in 
case of his neglect to do so within ten days 
after receiving notice of such filing, then aaur 


m 


TTTK7 OJSAStTBIt FOR THE GREATER NEW YORK. 


person interested in the proceedings, shall 
give notice that the said report will be present- 
ed for confirmation to the supreme court, at a 
special term thereof, to be held in the judicial 
district in which the real estae is situated, at 
a time and place to be specified in said notice. 
The said notice shall contain a statement of 
the time and place of the filing of the report, 
and shall be published in each of the newspa- 
pers referred to in section 491 of this act, once 
in each week, for at least four weeks imme- 
diately prior to the presentation of said re- 
port for confirmation. 

Confirmation of report. 

Sec. 499. The application for the confirma- 
tion of the report shall be made to the su- 
preme court, at a special term thereof, held 
In the judicial district in which the real 
estate is situated. Upon the hearing of the- 
application for the confirmation thereof, the 
said court shall confirm such report, and 
make an order, containing a recital of the 
substance of the proceedings in the matter of 
the appraisal, with a general description of 
the real estate appraised, and for which com- 
pensation is to be made; and shall also direct 
to whom the money is to be paid, or in what 
trust company it shall be deposited by the 
controller of the city of New York. Such re- 
port, when so confirmed, shall (except in the 
case of an appeal, as provided in section 505 
of this act) be final and conclusive as well 
upon the said city of New York as upon the 
owners and all persons interested in or en- 
titled to said real estate; and also upon all 
other persons whomsoever. 

Payment of awards. 

8®o. E-OC. The said city of New York shall, 
within four calendar months after the making 
and entry of the order confirming the report 
ml the commissioners of appraisal, pay to 
the respective owners and bodies, politic or 
corporate, mentioned ox referred to in said 
report, in whose favor any sum or sums of 
money shall be estimated add reported by said 
commissioners, the respective sum or sums so 
estimated and reported in their favor respect- 
ively; with lawful interest thereon, from the 
date of filing the oath of said commissioners 
and certified copies thereof, as by this act 
required. And in case of neglect or default 
in the payment of the same within the time 
aforesaid, the respective person or persons, or 
bodies, politic or corporate, in whose favor 
the same shall be so reported, his, her, or 
their executors, administrators, legal repre- 
sentatives or successors, at any time or times, 
after application first made by him, her, or 
them, to the controller of the city of New 
York for payment thereof, may sue for and 
recover the same, with lawful interest, as 
aforesaid, and the costs of suit in any proper 
form of action against the said city of New 
York in any court having cognizance thereof, 
and in which it shall be sufficient to declare 
generally for so much money due to the 
plaintiff or plaintiffs therein by virtue of this 
act, for real estate taken or affected for the 
purposes herein mentioned, and the report 
and order confirming report of said commis- 
aioners, with proof of the right and title of 
the plaintiff or plaintiffs to the sum or sums 
demanded shall be conclusive evidence in 
euch suit or action, and entitle plaintiff to 
judgment therein. 

Sum awarded to be deposited in certain cases. 

• 

Sec. 501. Whenever the owner or owners, 
person or persons interested in any real es- 
tate taken or affected in such proceedings, 
or l'n whose favor any such sum or sums or 
compensation shall be so reported, shall be un- 
der the age of 21 years, of unsound mind, 


or absent from the state of New York, and also 
in all cases where the name or names of the 
owner or owners, person or persons, interested 
in any such real estate shall not be set forth 
or mentioned in the said report or where the 
said owner or owners, person or persons, be- 
ing named therein cannot, upon diligent in- 
quiry, be found, or where there are adverse 
or conflicting claims to the money awarded 
as compensation, it shall be lawful for the 
said city of New York to pay the sum or sums 
mentioned In the said report, payable, ox 
that would be coming to such owner or owners, 
persop or persons respectively, with interest 
aforesaid, into such trust company as the court 
may, in the order of confirmation, direct, to 
the credit of such owner or owners, person 
or persons, and such payment shall be as 
valid and effectual. In all respects, as if made 
to the said owner or owners, person or per- 
sons interested therein respectively them- 
selves, according to their just rights; and pro- 
vided, also, that In all and each and every 
such case and cases where any such sum or 
sums, or compensation, reported by the com- 
missioners in favor of any person or persons, 
or party or parties, 'whatsoever, whether 
named or not named in the said report, shall 
he paid -to any person or persons, or party or 
parties, whomsoever, when the same shall of 
right belong and ought to have been paid to 
some other person or persons, or party or 
parties. It shall be lawful for the person or 
persons, or party or parties to whom the 
same ought to have been paid, to sue for and 
recover the same, with lawful* interest and 
costs of suits, as so much money had and re- 
ceived to his, her or their use, by the person 
or persons, party or parties respectively to 
whom the same shall have been so paid. 

Who may present claim before commissioner. 

Sec. 502. Every owner or person in any way 
interested in any real estate taken, affected or 
entered upon and used and occupied for the 
purposes contemplated by this act, and any 
owner or person interested in real estate con- 
tiguous thereto, and which is affected by the 
acquisition, use or occupation of the real 
estate shown on said map, whether such con- 
tiguous real estate is shown on the maps or not, 
if he or they intend to make claim for com- 
pensation for such taking, entering upon, using 
or occupying, shall,, within one year after the 
appointment of the commissioners of apprais- 
al, exhibit to the said commissioners a state- 
ment of claim, and shall thereupon be entitled 
to offer testimony and to be heard before them 
touching such claim, and the compensation 
proper to be made, and to have a determina- 
tion made by such commissioners of appraisal 
as to the amount of such compensation. Every 
person, corporation, or body politic, neglecting 
or refusing to present such claim within 
said time shall be deemed to have surrendered 
his, her or its title or interest In such real 
estate, or his, her or its claim for damages 
thereto, except so far as they may be entitled 
as such owners or persons Interested, to the 
whole or a part of the sum of money awarded 
by the commissioners of appraisal as a just 
compensation for taking, using and occupy- 
ing, or as damages for affecting the real 
estate owned by said person, corporation, or 
body politic. 

City protected by payment. 

Sec. 503. Payment of the compensation 
awarded by said commissioners of appraisal 
to the person or persons, corporation, or body 
politic named In their report (if not infants 
or persons of unsound mind) shall in the ab- 
sence of notice to city of New York of other 


claimants to such award, protect the said city 
of New York. 

Separate reports may be made. 

Sec. 504. Said commissioners of appraisal 
may, in their discretion, take up any specified 
claim or claims, and finally ascertain and de- 
termine the compensation to be made thereon, 
and make a separate report with reference 
thereto, annexing to said report a copy of so 
much of the maps as displays the parcel or 
parcels so reported on. Such report shall, as 
to the claims therein specified, be the report 
required in this act, and the subsequent ac- 
tion with reference thereto shall be had in the 
same manner as though no other claim was 
embraced in said proceedings, which, however, 
shall continue as to all claims upon which no 
such determination and report is made. 

Proceedings in case of an appeal. 

Sec. 505. Within twenty days after the mak- 
ing, entry and service of the order confirming 
the report of the commissioners of appraisal, 
as provided for in this act, of which notice 
may, as to the parties who have not appeared ; 
before the commissioners, be given in the 
manner provided in this act, either party , 
may appeal by notice in writing to the appel- ! 
late division of the supreme count, of the 
judicial department in which the real estate I 
described in said petition and shown on said I 
map is situated. Such appeal shall be heard, I 
on due notice thereof being given, according : 
to the rules and practice of the said court, I 
and pending such appeal the controller of the 
city of New York shall deposit in such trust ! 
company as the court shall direct the 
amount of the award, with Interest to the 
date of such deposit, and the funds so depos- 
ited stall remain with the trust company, ! 
subject to the further order of the court. On 
the hearing of such appeal the court may di- 
rect a new appraisal and determination* by 
the same or new commissioners, in its dis- 
cretion, and either party if aggrieved may 
take a further appeal, which shall he heard 
and determined by the court of appeals. In 
the case of a new appraisal the second report 
shall be final and conclusive on all parties 
and persons interested. If the amount of 
compensation to be made by the said city is 
increased by the second report the difference 
shall be paid by the controller of the city of 
New York to the parties entitled to the same 
cr shall be deposited as the court may direct; 
and if the amount is diminished the differ- 
ence shall be refunded to the said city of 
New York by the trust company. But the 
taking of an appeal by any person or persons 
shall not operate to stay the proceedings 
under this act, providing such award and 
interest have been deposited. Such appeal 
shall be heard upon the evidence taken and 
proceedings had before such commissioners. 

How defects may be remedied. 

Sec. 506. The supreme court of the judicial 
district in which the real estate is situated 
shall have power at any time to amend any 
defect or informality in any of the special 
proceedings authorized by this act as may be 
necessary, or to cause other property to be 
included therein, and to direct such further 
notices to be given to any party in interest as 
it deems proper, and also to appoint other 
commissioners in place of any who shall die 
or refuse or neglect to serve, or be incapable 
of serving, or be removed. And the said 
court may at any time remove any of said 
commissioners of appraisal who, in their 
judgment, shall be incapable of serving or 
who shall, for any reason in their judgment, 
be an unfit person to serve as such commis- 
sioner. The cause of such removal shall he 


THE CHARTER FOR THE GREATER • NEW YORK, 


trr 


specified in the order making the same. If 
in any particular it shall at any time be 
found necessary to amend any pleading or 
proceeding, or to supply any defect therein, 
arising in the course of any special proceed- 
ing authorized by this act, the same may be 
amended or supplied in such manner as shall 
be directed by the supreme court, which !s 
hereby authorized to make such amendment 
or correction. 

Agreements with owners of real estate. 

Sec. 507. The said commissioners, subject 
to the approval of the board of public im- 
provements, may agree with the owners or 
persons interested in any real estate laid 
down on said maps as to the amount of com- 
pensation to be paid to such owners or per- 
sons interested for the taking or using and 
occupying such real estate. And in case any 
such real estate shall be owned, occupied or 
enjoyed by the people of this state, or by any 
county, town or school district within this 
state, such rights, titles, interests or proper- 
ties may be paid for upon agreement respec- 
tively with the commissioners of the land of- 
fice, who shall act for the people of the state, 
with a chairman and a majority in numbers 
of the board of supervisors of any county, 
who shall act for such county, and with the 
supervisor and commissioners of highways 
in any town, who shall act for such town, 
and with the trustees of any school district, 
who shall act for such district, and with the 
president and a majority of the board of 
trustees of any incoporated village. The com- 
missioners of the land office shall have power 
to grant to the said city any real estate be- 
longing to the people of this state which may 
be required for the purposes indicated In this 
act, on such terms as may be agreed on be- 
tween them and the said commissioners; 
and if any real estate of any county, town, or 
school district is required by such city for the 
purpose of this act, the majority of the board 
of supervisors, acting for such county, or the 
supervisors of any such town, with the com- 
missioners of highways therein, acting for 
such town, or the trustees of any school dis- 
trict, acting for such district, or the president 
and majority of trustees of any incorporated 
village, may grant or surrender such real es- 
tate for such compensation as may be agreed 
upon between such officers respectively and 
the said commissioners. 

Compensation and expenses of commissioners. 

Sec. 508. The commissioners of appraisal, 
appointed in pursuance of this act, shall re- 
ceive as compensation for their services the 
sum of $10 per day for each day upon which 
the said commissioners shall meet and be 
actually and necessarily employed in the per- 
formance of the duties imposed upon them by 
this act. They may employ the necessary 
clerks and stenographers. The corporation 
counsel shall, either in person or by such 
counsel as he shall designate for the purpose, 
appear for and protect the interests of the 
city in all such proceedings in court and be- 
fore the commissioners. The fees of the com- 
missioners and the salaries and compensation 
of their employes, and their necessary travel- 
ing expenses, and all other necessary expenses 
in and about the special proceedings provided 
by this act, to be had for acquiring title or 
extinguishing claims for damages to real es- 
tate, and such allowances for counsel fees, 
expenses and witness fees as may be recom- 
mended by the commissioners and ordered 
paid by order of the court, shall be paid by 
the controller of the city of New York, out 
of the funds hereinafter provided, when they 
have been taxed before a justice of the su- 
preme court in the judicial district in -which 


the real estate is situated, upon five days’ 
notice to the corporation counsel. 

Issue of bonds. 

Sec. 509. The controller of the city of New 
York is hereby authorized and directed to 
raise, from time to time, on bonds of said 
city, in addition to the amounts which he is 
now authorized to raise for such purposes, 
such sums of money as ^hall be sufficient to 
pay for any real estate, or for the extin- 
guishment of any right, title, or interest 
therein acquired, and all damages appraised 
to persons interested therein, together with 
all expenses necessarily incurred in acquiring 
title to such real estate, or in extinguishing 
claims for damages thereto, and for all other 
expenditures herein authorized. 

Description of bonds. 

Sec. 510. The bonds to be issued by the 
controller of the city of New York in pur- 
suance of this title shall be called “Corpo- 
rate stock of the city of New York,” and 
shall be issued in the manner hereinbefore 
provided for the issue of corporate stock, 
subject, however, to the limitations of the 
state constitution. And the municipal as- 
sembly of said city is hereby authorized and 
directed to raise, from time to time, by tax 
upon the estates, real and personal, subject 
to taxation in the city of New York, the sum 
or sums of money which may be required to 
pay the interest on said bonds and to redeem 
them at maturity. 

I 

Jurisdiction of state board of health. 

Sec. 511. Any lake or reservoir constructed 
or maintained under the provisions of this act 
shall be subject to such sanitary regulations 
as the state board of health shall prescribe. 

Highways and bridges. 

Sec. 512. The city of New York is hereby 
required to build and construct such high- 
ways and bridges as may be made necessary 
by the construction of any reservoir in the 
counties of Westchester, Putnam, Queens or 
Suffolk under this act, and to repair and 
forever maintain such additional bridges as 
may be made necessary by the construction 
of such reservoir or reservoirs. 

Account of expenditure to be filed in control- 
ler's office. 

Sec. 613. The said commissioner of water 
supply shall, in every calendar month, file in 
the office of the controller of the city of New 
York an account of all expenditures made 
by him, or under his authority, and of all 
liabilities incurred by him, during the pre- 
ceding month, and an abstract of each such 
amount shall be published in the City Record. 

Limit within which Lake Mahopac may not be 

drawn down. 

Sec. 514. Nothing herein contained shall 
authorize or empower or permit any water in 
excess of the ordinary flow thereof to be 
drawn from Lake Mahopac, in the town of 
Carmel, Putnam county, between the first days 
of March and September in any year. 

Present proceedings to be continued. 

Sec. 515. All proceedings pending at the time 
this act takes effect for the acquisition of 
title to or the extinguishment of rights in 
real estate for any of the purposes in this 
title specified, shall be continued and prose- 
cuted to a conclusion according to the re- 
spective provisions of law under which said 
proceedings may have been begun, and as to 


all such proceedings this act shall not ba 
deemed applicable. 

Id. Corporations authorized to use grounds 

under streets, etc. 

Sec. 516. All persons acting under the 
authority of the city of New York shall have 
the right to uise the ground or soil under any 
street, highway or road within this state for 
the purpose of introducing water into the city 
of New York, on condition that they shall 
cause the surface of said street, highways or 
roads to be restored to its original state, and 
all damages done thereto shall be repaired. 

Devolution of powers of former boards. 

Sec. 517. For all the purposes of this act all 
of the rights, powers, privileges, duties and 
obligations, heretofore created by law or other- 
wise of the city of Brooklyn, or of any of its 
departments or officers respecting the water 
works of said city are, so far as they are 
consistent with the provisions of this act, 
hereby vested in the city of New York, as con- 
stituted by this act, and as matter of admin- 
istration devolved upon the commissioner of 
water supply of the city of New York to ba 
by him exercised in accordance with the pro- 
visions, directions and limitations of this 
and all of the rights, powers, privileges, duU*§ 
and obligations of Long Island City, or of any 
or either of its departments or officers, or of 
any town, village or district in any of tit* 
territory hereby annexed to the corporatio* 
heretofore known as the mayor, aldermen and 
commonalty of the city of New York, and by 
this act consolidated into one city, in respect 
to any of the public water works or the publio 
water system, or the public water supply 
thereof; the sale and distribution of the same, 
are hereby vested in the city of New York, 
and for the purpose of administration are 
hereby devolved upon the said commissioner 
of water supply of the city of New York to 
be by him executed pursuant to the provision^ 
directions and limitations of this act. 

Sec. 518. Nothing in this act contained abaH 
be deemed or construed to repeal, or in any 
wise affect chapter 490 of the laws of 1883, 
entitled, “An act to provide new reservoirs, 
dams and a new aqueduct with the appurte- 
nances thereto for the purpose of supplying 
the city of New York with an increased sup- 
ply of pure and wholesome water,” or the 
several acts amendatory thereof, but the said 
act and its amendments shall remain in full 
force and effect, provided that the commission- 
ers therein specified, shall not hereafter be- 
gin the construction of any new work, except 
such as may be properly and necessarily ap- 
purtenant to work, the construction of which 
has been begun before the date upon which 
this act takes effect. The term of office of 
the commission appointed and existing under 
the aforesaid act shall cease and determine cn 
the first day of January, 1901, and therepuonail 
papers, documents and records in possession 
of the aqueduct commission shall be delivered 
to the commissioner of water supply, who shall 
continue and complete in the manner pro- 
vided by this act, all work of every kind and 
description whatsoever left uncompleted by 
said commission. 

TITLE 5. 

DEPARTMENT OF HIGHWAYS. 

Commissioner of highways; appointment, term, 

salary. 

Sec. 523. The head of the department of 
highways shall be called the commissioner of 
highways. He shall be appointed by the 
mayor and hold office as provided in chapter 


59 


THE CHARTER FOR THE GREATER NEW YORK. 


IV of this act. His salary shall be seven 
thousand five hundred dollars a year. 

Id. Jurisdiction. 

Sec. 524. The commissioner of highways 
shall have cognizance and control: 

(1) Of regulating, grading, curbing, flag- 
ging and guttering of streets and laying 
crosswalks. 

(2) Of constructing and repairing public 
roads. 

(3) Of paving, repaving, resurfacing and 
repairing of all streets and of the relaying 
of all pavements removed for any cause. 

(4) Of the laying or relaying of surface 
railroad tracks in any public street or road, 
of the form of railroad, or character of 
foundation, and the method of construction; 
and of the restoration of the pavement or 
surface after such work. 

(6) Of the filling of sunken lots, fencing 
of vacant lots, digging down lots and of 
licensing vaults under sidewalks. 

(6) Of recommending to the board of public 
Improvements, ordinances relating to any 
of the matters within the province of his 
department. He shall make an annual re- 
port of the business and transactions of his 
department to the mayor. 

Permit from department of highways necessary 
for removals of pavements, etc.; procedure 
in case of pavements relaid, etc. 

Sec. 525. No removal of the pavement or 
disturbance of the surface of any street for 
the purpose of constructing vaults or lateral 
ways, digging cellars, laying foundations of 
buildings or other structures, making sewer 
connections, or repairing sewers or pipes, of 
laying down gas and water pipes, steam pipes 
and electric wires, or introducing the same 
into buildings, or for any purpose whatever, 
shall be made until a permit is first had 
from the’ department of highways, and when- 
ever any portion of the pavement in any street 
or avenue in said city shall have been re- 
moved for any of these purposes, and such 
pavement shall not be relaid in a man- 
ner satisfactory to the commissioner, the said 
commissioner may cause a notice, in wait- 
ing, to be served upon the person or corpor- 
ation by whom the same was removed, or if 
suoh removal was for the purpose of mak- 
ing connection between any house or lot, or 
any sewer or pipes in the street, or for con- 
structing vaults, or otherwise improving any 
house or lot, upon the owner or occupant 
of such house or lot requiring such person or 
corporation, or the owner or occupant of such 
house or lot, to have such pavement properly 
relald within five days after service of such 
notice. Such notice may be served upon the 
owner or occupant of a house or lot by leav- 
ing the same with any person of adult age 
upon said premises or posting the same there- 
upon; in case such pavement or portion there- 
of, shall not be relaid to the satisfaction 
of said commissioner within the time speci- 
fied in such notice, it shall be lawful, and au- 
thority is hereby given to said commissioner, 
to have such pavement, or the portion there- 
of which shall have been so unsatisfactorily 
laid, put in proper order and repair, in such 
manner as the commissioner may deem best, 
on account of the person or corporation by 
whom such pavement was removed, or of 
the owner of the premises for whose benefit 
such removal was made. Upon the costs 
of such work being certified to the control- 
ler of the city of New York by the said 
commissioner, with a description of the lot 
or premises to improve which such removal 
was made, said controller shall pay the same, 
and the amount so paid shall become a lien 


and charge upon the premises so described, 
and, on being certified by the controller to 
the collector of assessments and arrears, 
may be collected in the same manner that 
arrears and water rates are collected under 
the direction of such collector of assessments 
and arrears. But nothing herein contained 
shall be deemed to prohibit said commis- 
sioner from demanding, before issuing said 
permit, and as a condition thereof, the de- 
posit of such sum of money, or other se- 
curity, as in his judgment may be neces- 
sary to pay the cost of properly relaying the 
pavement so removed, together with the ex- 
pense of the inspection thereof. 

The office of commissioner of street improve- 
ments in the 23d and 24th wards abolished; 

devolution of powers. 

Sec. 526. The office of commissioner of 
(Street improvements of the Twenty-third 
and Twenty-fourth wards of the city of New 
York, created by chapter five hundred and 
forty-five of the laws of eighteen hundred and 
ninety, is hereby abolished, and all the pow- 
ers, privileges and duties of the said com- 
missioner of street improvements for the 
said Twenty-third and Twenty-fourth wards, 
which in any way relate to the regulating, 
grading, regrading, curbing, flagging and gut- 
tering of streets, laying of crosswalks, the 
constructing and repairing of public roads, 
paving, repairing and repaving of all streets 
and the relaying of all pavements removed 
for any cause, of the filling of sunken lots, 
are hereby, so far as the same are consistent 
with the requirements of this act, devolved 
upon the commissioner of highways of the 
city of New York, and are to be exercised and 
performed by him according to the provisions 
of this act. 

Devolution of powers of former boards. 

Sec. 627. All powers and duties conferred 
upon the corporation heretofore known as the 
mayor, aldermen and commonalty of the city 
of New York, or upon any board or officer 
thereof, or upon the corporation known as 
the city of Brooklyn, or upon any board or 
officer thereof, or upon the corporation known 
as Long Island City, or upon any board or offi- 
cer thereof, and upon any other municipal 
corporation, town or village, within the county 
of Richmond, or within so much of the terri- 
tory of the county of Queens as is by this act 
annexed to the municipal corporation known 
as the mayor, aldermen and commonalty cf 
the city of New York, and consolidated into 
the municipality known as the city of New 
York, in any way relating to the regulating, 
grading, regrading, curbing, flagging and 
guttering of streets, the laying of crosswalks, 
the constructing and repairment of public 
roads, paving, repaving and repairing of all 
streets, and the relaying of all pavements re- 
moved for any cause, the filling of sunken 
lots and all matters directly related thereto, 
are hereby vested in the city of New York, 
as constituted by this act, and as matter of 
adminstratioa devolved upon the commission- 
er of highways, and by him are to be execut- 
ed pursuant to the provisions, directions and 
limitations of this act. 

TITLE 6. 

DEPARTMENT OF STREET CLEAN- 
ING. 

Commissioner, appointment, term and salary. 

Sec. 533. The head of the department of 
street cleaning shall be called the commis- 
sioner of street cleaning. He shall be appoint- 
ed by the mayor and shall told office as pro- 


vided in chapter IV of this act. His salary 
shall be $7,500 a year. 

Id. Jurisdiction. 

Sec. 534. The commissioner of street clean- 
ing shall have cognizance and control: 

(1) Of the sweeping and cleaning cf the 
street® of the city, and of the removal or 
other disposition as often as the public 
health and the use of the streets may re- 
quire, of ashes, street sweepings, garbage 
and ether light refuse and rubbish, and of 
the removal of snow and ice from lead- 
ing thoroughfares and from such other 
streets as may be found practicable. 

(2) Of the removal of incumbrances. 

(3) Of the issue of permits to builders and 
ethers to use the streets, but no't to open 
•them. 

■ (4) Of the framing of regulations controll- 
ing the use of sidewalks and gutters by 
abutting owners and occupants for the dis- 
% position of sweepings, refuse, garbage or 
light rubbish, whch, when so framed and ap- 
proved by the beard of public improvements 
and the municipal assembly shall be pub- 
lished in like manner as city ordinances, and 
shall be enforced by the police department 
in the same manner and to the same ex- 
tent as such ordinances. 

Sec. 535. The term streets as used in this 
title shall not be deemed to include such mac- 
adamized streets as are within any park or 
are under control or management of the de- 
partment of parks, nor such wharves, piers 
and bulkheads or slips and parts of streets 
and places as are by law committed to the 
custody and control of the department of 
docks and ferries. 

Street cleaning department; members of; 
clerical and uniformed forces. 

Sec. 536. The members of the department 
of street cleaning shall be divided into two 
general classes, to be designated, respectively, 
the clerical force and the uniformed force. 
The clerical force shall consist of a chief 
clerk, medical examiners, not exceeding three 
in number, and such and so many clerks and 
messengers as the commissioner of street 
cleaning shall deem necessary; but the aggre- 
gate salaries of the said clerical force shall 
not exceed in any year the amount . appro- 
priated therefor by the beard of estimate and 
apportionment. The uniformed force shall be 
appointed by the commissioner of street clean- 
ing and shall consist of one general superin- 
tendent, one assistant superintendent, one 
superintendent of 3tables, one superintendent 
of final disposition, one assistant superinten- 
dent of final disposition, district superinten- 
dents not exceeding twenty-one in number; 
time collectors, not exceeding eight in num- 
ber; section foremen, not exceeding one hun- 
dred and twenty-five in number; dump inspec- 
tors, not exceeding forty-three in number; 
assistant dump inspectors, not exceeding for- 
ty-three in number; tug and scow inspectors, 
not exceeding twenty-five in number; sweep- 
ers, not exceeding thirty-one hundred in num- 
ber; dump bcardmen, not exceeding forty- 
three in number; drivers, not exceeding six- 
teen hundred in number; stable foremen, not 
exceeding twenty-one in number; assistant 
stable foremen, not exceeding twenty-one in 
number; hostlers, not exceeding one hundred 
and forty-six in number; a master mechanic 
and such and so many mechanics and help- 
ers as may be necessary; but the aggregate 
salaries o>f such mechanics and helpers shall 
not exceed in any year the amount appropriat- 
ed therefor by the board of estimate and ap- 
portionment. The commissioner of street 
cleaning shall have power and Is hereby au- 
thorized to Increase the said uniformed forcei. 


THE CHARTER FOR THE GREATER NEW YORK. 


59 


from time to time, by adding to 'the number 
of sweepers, drivers and hostlers, provided 
the board of estimate and apportionment and 
the municipal assembly shall have previously 
made an appropriation for the purpose of per- 
mitting such increase. The annual salaries 
and compensations of the members of the 
uniformed force of the department of street 
cleaning shall be fixed by the board of esti- 
mate and apportionment and shall not exceed 
the following: Of the general superintendent, 
$3,000;. of the assistant superintendent, $2,500; 
of the superintendent of stables, $2,000; of 
the master mechanic, $1,800; of the superin- 
tendent of final disposition, $2,000; of the as- 
sistant superintendent of final disposition, 
$1,500; of the district superintendents, $1,800 
each; of the time collectors, $1,200 each; 
of the section foremen, $1,000 each; of 
the dump Inspectors, $1,000 each; of 
the assistant dump inspectors, $900 each; 
of the tug and scow inspectors, ’ $1,000 
each; of the clump boardmen, $720 each; 
of the sweepers, $720 each; of the drivers, 
$720 each; of the stable foremen, $1,200 each; 
of the assistant stable foremen, $900 each; of 
the hostlers, $720 each. Hostlers may receive 
extra pay for Sundays if an appropriation 
therefor is made by the board of estimate and 
apportionment. The members of the depart- 
ment of street cleaning shall be employed at all 
such times and during such hours and upon 
such duties as the commissioner of street 
cleaning shall direct for the purpose of an 
effective performance of the work devolving 
upon the said department. In case of a snow- 
fall or other emergency, the commissioner of 
street cleaning or the deputy commissioner 
may hire and employ temporarily such and so 
many men, carts and horses as shall be ren- 
dered necessary by such emergency, forth- 
with reporting such action with the full par- 
ticulars thereof to the mayor, but no man, 
cart or horse shall be so hired or employed 
for a longer period than three days, except 
that any person registered or eligible to ap- 
pointment as a driver or as a sweeper may 
be temporarily employed at any time as an 
extra driver or sweeper to fill the place of a 
driver or sweeper who is suspended or tem- 
porarily absent from duty from any cause. 
The rate of compensation of such extra drivers 
or sweepers shall be $2 per day, and the 
driver or sweeper whose place is so filled shall 
not receive any compensation for the time 
during which he is so absent from duty or his 
place is so filled, unless such injury or illness 
was contracted in the service of the depart- 
ment. The services of any person employed, 
and of carts and horses hired pursuant to this 
section, shall be paid for in full and di- 
rectly by the department of street cleaning, at 
such times as may be prescribed by such de- 
partment; and they, and each of them, shall 
be employed and hired directly by the depart- 
ment of street cleaning and not through con- 
tractors or other persons, unless the commis- 
sioner himself shall determine that this re- 
quirement must for proper action In a par- 
ticular instance be dispensed with. Nothing 
herein contained shall affect any existing con- 
tracts made with or by the department of 
street cleaning in regard to the cleaning of 
Broad'way below Fourteenth street in said 
city or the renewal therof, If deemed best by 
the commissioner of said department. 

Id. Removal of members of clerical and uni- 
formed forces. 

Sec. 537. No member of the clerical force 
of the department of street cleaning shall be 
removed until ho has been informed of the 
cause of the proposed removal and has been 
allowed an opportunity of making an ex- 
planation and in every case of removal tho 


true grounds thereof shall be entered upon 
the records of the department. The commis- 
sioner of street cleaning shall have power, 
in his discretion, on evidence satisfactory to 
him that a member of the uniformed force 
has been guilty of any legal or criminal 
offense or neglect of duty, violation of rules, 
or neglect or disobedience of orders, or inca- 
pacity, or absence without leave, or conduct 
injurious to the public peace or welfare, or 
Immoral conduct, or any breach of discipline, 
to punish the offending party by forfeiting 
or withholding pay for a specified time, sus- 
pension without pay during such suspension 
for a period not exceeding thirty days, or 
by dismissal from the force, but no more 
than thirty days’ pay or salary shall be 
forfeited or deducted for any offense. The 
said commissioner is also authorized and em- 
powered, in his discretion, to deduct and 
withhold pay, salary or compensation from 
any member or members of the force for and 
on account of absence for any cause without 
leave. All fines imposed and pay deducted 
or withheld under the provisions of this sec- 
tion, shall be retained by the controller to 
the credit of the apportionment for the de- 
partment of street cleaning, and shall be ap- 
plicable. In the discretion of the commis- 
sioner of street cleaning, to any of the pur- 
poses of said department, as If originally ap- 
propriated therefor. Absence without leave 
of any member of the uniformed force for 
five consecutive days shall be deemed and 
held to be a resignation, and the member so 
absent Shall at the expiration of said period 
cease to be a member of said force and may 
be dismissed therefrom without notice. No 
leave of absence exceeding twenty days in 
any one year shall be granted or allowed to 
any member of the uniformed force, except 
upon condition that such member shall waive 
or release not less than one-half of all 
salary, pay or compensation and claim there- 
to or any part thereof during such absence. 
The said commissioner of street cleaning is 
hereby authorized and empowered, from time 
to time, to make, adopt, enforce rules, or- 
ders and regulations conformable to the pro- 
visions of this act for the government, admin- 
istration, discipline and disposition of the 
said department and of the members thereof, 
and to prescribe and define the duties of each 
member. When and as soon as the member of 
the uniformed force has been fined, suspen- 
ded, or dismissed the true cause for such fine, 
suspension or dismissal shall be entered in 
writing in a book to be kept for that purpose 
by the commissioner of street cleaning, which 
book shall be a public record. A copy of 
the rules and regulations or of any or either 
of them of the said commissioner adopted 
by him may, when certified by him or by his 
deputy be given in evidence upon any trial, 
Investigation, hearing or proceeding in any 
court or before any tribunal, commissioner 
or commissioners, board or competent body, 
with the same force and effect as tho 
original. 

Members of department not liable to military 

or jury duty. 

Sec. 538. No person holding any office or 
position under the department of street clean- 
ing shall be liable to military or jury duty. 

Division of streets into districts; allot- 
ment of sweepers. 

Sec. 539. All the paved avenues, streets, 
lance, alleys and places In said city which 
the department of street cleaning is by this 
act charged with the duty of cleaning, shall 
be cleaned and kept clean by hand labor, and 
for that purpose each sweeper shall provide 
himself with such tools and Implements as 


the commissioner of street cleaning shall 
prescribe, and to each sweeper shall be al- 
lotted a fixed area of street surface according 
to the character of the locality, of which al- 
lotment a record shall be kept In the depart- 
ment of street cleaning, and shall be a public 
record, but nothing in this section contained 
shall be deemed to prevent the commissioner 
of street cleaning from causing the labor of 
ihe sweepers to be supplemented by the use 
of sweeping machines in such streets and 
avenues as to him may seem proper. It shall 
be the duty of the commissioner of street 
cleaning to divide the city into a suitable 
number of districts, not exceeding 21, each 
of which shall be under the charge and super- 
vision of a district superintendent who shall 
be directly responsible to the general super- 
intstpdent, and also to the commissioner of 
street cleaning for the cleanliness of his dis- 
trict. Each of said districts shall be by said 
commissioners subdivided into sections in 
charge of foremen responsible to the district 
superintendent, as well as to the general su- 
perintendent and to the commissioner of street 
cleaning for the cleanliness of his section. It 
6hall be tho duty of said commissioner of 
street cleaning to make such allotment and 
designation of the area to be covered and the 
duties to be performed by the uniformed 
force, that each member thereof, except the 
genral superintendent and hi3 assistant 
shall have one particular district or section 
in which to perform all the work to which 
he is allotted. But nothing herein contained 
shall be so construed as to prevent the com- 
mii^ioner of street cleaning from transfer- 
ring, at his discretion, members of the uni- 
formed force, from one district or section to 
another, nor from temporarily employing all 
or any number of said uniformed force in a 
particular street or streets, section or sec- 
tions. 

Department of docks; to keep wharves, etc., 
dean. 

Sec. 640. The department of docks shall 
have power and authority, and It is hereby 
made its duty to cause the wharves, piers, 
bulkheads, heads of slips and portions of any 
streets and places by law committed to the 
custody and control of said department of 
docks, to be thoroughly cleaned and kept 
clean at all times, and to remove from said 
wharves, piers, bulkheads, heads of slips and 
portions of streets and to dispose of all sweep- 
ings, ashes and garbage. And for the purpose 
of disposing of the sweepings and other refuse 
removed by said department of docks the said 
department of docks shall have the right and 
is hereby authorized to use concurrently with 
the said department of street cleaning such 
dumping boards, slips and piers as may be 
assigned to and set apart for the use of said 
department of street cleaning, and all con- 
tracts made by the commissioner of street 
cleaning under this act for the removal of 
ashes and garbage and sweepings shall pro- 
vide for the rental of such ashes, garbage 
and sweepings as may be required to be re- 
moved by said department of docks. 

Commissioner of street cleaning; power to 
obtain plant, supplies, etc. 

Sec. 541. The said commissioner of street 
cleaning shall have power, and it shall be 
his duty, to purchase or hire from time to 
time for his use as such commissioner, at 
current prioes, such and so many horses 
carts, steam tugs, scows, boats, vessels, ma- 
chines, tools and other property as may be 
required for tho economical and effectual per- 
formance cf his aforesaid duty, or to con- 
tract for the construction of any such tugs, 
SCOWS, boats, veas».lr, carts, Eiachio**, tools 


GO 


THE CHARTER FOR THE GREATER NEW YORK. 


or other property: or for the sweeping of 
streets and the removal of street sweepings 
by machine and also to contract for 
the cremation, utilization or burning of 
street sweepings, refuse and garbage; 
or for the melting or removal of snow 
upon or from any streets or avenues 
or parts thereof; the title to property so pur- 
chased or constructed shall be in the city 
of New York. All such hiring, or purchases, 
or contracts, however, exceeding $1,000 in 
amount at any one hiring or purchase, shall 
be let by contract to the lowest bidder there- 
for, founded on sealed bids or proposals made 
in compliance with public notice advertised 
in the City Record; such notice to be pub- 
lished at least ten days prior to the opening 
of such proposals or bids. Provided, that 
nothing herein contained shall prevent said 
commissioner, whenever it shall be necessary, 
to hire such boats, steam tugs, scows, vessels, 
machines, tools or other property for a day 
or trip, and for successive days or trips, with- 
out advertising or contract founded on seal- 
ed proposals or bids, at compensation by the 
day or trip, notwithstanding the aggregate 
compensation for such successive days or 
trips may exceed said sum of *1 ,000. The 
said commissioner is hereby authorized, when- 
ever and as often as, in his opinion, the pub- 
lic interests shall require, to reject all bids 
or proposals received in answer to any such 
advertisement, and to re-advertise for bids 
and proposals as hereinafter provided. When- 
ever the said commissioner shall deem it 
necessary, he shall and is hereby authorised 
to sell, at public auction, any plant, material, 
horses, carts, scows or other property, used 
In any way in connection with the work of 
cleaning streets, but before any such sale 
shall be made a notice thereof stating the 
time and place of sale shall be published in 
the City Record and the corporation news- 
papers for at least ten days immediately pre- 
ceding such sale, and the proceeds arising 
from such sale, after deducting the neces- 
sary expenses thereof, shall be paid into the 
city treasury to the credit of the general 
fund for the reduction of taxation. The said 
commissioner is hereby authorized, with the 
consent and approval of the board of sink- 
ing fund commissioners, to hire or lease 
suitable and sufficient offices for the trans- 
action of the business under his charge, and 
also such stables and other buildings or parts 
of buildings or plots of ground as 
may, from time to time, be necessary. 
All carts used by said department of 
street cleaning shall be of such size, 
form and construction as to prevent escape 
during transit of dust, or of any refuse car- 
ried therein. 

Piers, docks, slips, etc., for use of department 

Sec. 542. The department, bureau or city of- 
ficer, authority or authorities, which shall 
from time to time have the management and 
control of the public docks, piers and slips 
of the city, shall designate and set apart for 
the use of said commissioner suitable and suf- 
ficient slips, piers and berths in slips, located 
as the said commissioner may require, and 
such as shall be convenient and necessary 
for his use in executing the duty hereby im- 
posed upon him, excepting slips, docks and 
piers on the East river set apart for the use of 
canal boats. The said commissioner may, 
with the approval, in writing, of the board of 
estimate and apportionment, lease piers, slips 
or wharves for the necessary purposes of the 
duties by this chapter conferred whenever 
suitable piers, slips or wharves owned by or 
under the control of the city cannot be obtain- 


ed or are not set apart and designated as in 
this section provided. 

Uniform, badges, etc., of uniformed force. 

Sec. 543. The commissioner of street clean- 
ing is hereby authorized and directed, from 
time to time, to prescribe distinctive uni- 
forms, badges and insignia to be worn and 
displayed by the several members of the 
uniformed force of said department and to 
prescribe and enforce penalties for the failure 
to wear and exhibit the same by any member 
of said force while engaged in the work of the 
department. 

Special contracts for disposition of sweepings. 

ashes, garbage, etc. 

Sec. 544. Said commissioner shall have pow- 
er to enter into contracts with responsible 
persons and parties for the final disposition, 
for periods not exceeding five years, of all 
or any part of the said street sweepings, 
ashes, or garbage, and such other light refuse 
or rubbish when collected; provided always 
that such contna/ct shall be approved bo'tlh as 
to terms and conditions by the board of esti- 
mate and apportionment. All contracts shall 
be entered into on behallf of the city by the 
commissioner with adequate security. He 
shall advertise for proposals in such newspa- 
pers in the city as he may designate, not ex- 
ceeding three in number, for ten days, to 
perform the work in such form and manner 
and on such terms and conditions as he may 
prescribe. Such proposals may be for -the 
performance of all or such part ot portion of 
the work as he shall require. Each proposal 
must be accompanied by a certified check on 
a solvent banking incorporation in the city, 
payable to theoTder of the controller for 5 per 
cent, of the amount for which the work bid 
for Is proposed in any one year to be per- 
formed. From the proposals so received he 
may select the bid or bids, the acceptance of 
which will, in his judgment, best secure the 
efficient performance of the work, or he may 
reject any or all of said bids. On the ac- 
ceptance of any bid by him, the checks of the 
unaccepted bidders shall be returned to them, 
and upon the execution of 'the contract the 
check of the accepted bidder shall be returned 
to him. The surety or sureties upon all con- 
tracts hereby authorized shall be approved by 
the controller, and all contracts and bonds se- 
curing the same shall be approved as to form 
by the counsel to the corporation. 

Proceedings for removal of trucks, etc., from 

streets, regulated. 

Sec. 545. It shall be the duty of the com- 
missioner of street cleaning to remove, or 
cause to be removed, all unharnessed trucks, 
carts, wagons and vehicles of any description, 
found in any public street or place: 
and also all boxes, barrels, bales of 
merchandise and other movable property 
found upon any public street, or place, not 
including, however, any portion of marginal 
street, or place, or wharf, which, by the pro- 
vision of any law or statute, is committed to 
the custody and control of the department 
of docks. The said commissitoner of 
street cleaning is hereby authorized, with the 
consent and approval of the board of sinking 
fund commissioners, to lease a suitable yard 
or yards to which the trucks, carts, wagons 
and vehicles, boxes, bales, barrels and other 
things, removed under the authority of this 
section, shall be taken, and the said commis- 
sioner shall, from to time, as often as 
he shall deem necessary, sell, or cause to be 
sold, as hereinafter provided at public auc- 
tion, at such yard or yards, the said trucks, 
carts, wagons, vehicles, boxes, barrels, and 


other things so removed. Whenever the said 
commissioner or deputy commissioner shall 
have removed or caused to be removed any 
such trucks, carts, wagons, vehicles, boxes, 
barrels, bales or other things, and shall deem 
it necessary to sell them, and before making 
the sale thereof, he shall file with a justice 
of a municipal court of the city of New York, 
a written petition, verified by oath, setting 
forth the facts which bring the case within 
this section, together with a brief description 
of each of the trucks, carts, wagons, vehi- 
cles, boxes, barrels or other things so re- 
moved in his custody and possession as street 
cleaning commissioner at the time of filing 
such petition, stating either the name of the 
owner or that his name is not known to the 
said petitioners, and cannot be ascertained 
with reasonable diligence, and praying for a 
final order, directing the sale of the property 
so seized and removed, and the application 
of the proceeds thereof as herein prescribed; 
and upon the presentation of said petition 
the justice must issue a precept under his 
hand, directed to the persons whose names 
appear in the said petition as owners, if 
stated in the petition, or if not so stated, 
directed generally to all persons having any 
interest in the property so seized and re- 
moved, and briefly reciting in substance the 
other facts stated in the petition, and re- 
quiring the person or persons to whom the 
precept is directed to show cause before a 
justice at a time and place specified therein, 
not less than ten nor more than twenty days 
after the issuing of the precept, why the 
prayer of the petition should not be granted. 
The said precept shall be served by posting a 
copy thereof in at least two public and con- 
spicuous place in said city, one of which 
shall be the office of the said commissioner of 
street Cleaning, and the second of which shall 
be the yard to which the property shall have 
been removed, and a copy of which precept 
shall be so posted within three days after the 
precept shall have been issued; and a brief 
abstract of said precept shall be published in 
the City Record and corporation newspapers 
within five days after the issue, and not later . 
than three days before the return day men- 
tioned in the precept. At the time and place 
when the precept is returnable the said com- 
missioner or deputy commissioner must fur- 
nish proof of the service of said precept 
as herein prescribed, and any person named in 
the petition and precept or otherwise, hav- 
ing an interest in the property seized, may 
appear on the return day of the said precept 
and make himself a party to the proceeding 
by filing a written answer, subscribed by him 
or his attorney, and verified by the oath of 
the person subscribing it, denying absolutely, 
or upon information and belief, one or more 
material allegations in the petition, and set- 
ting forth his interest in the property seized. 
The subsequent proceedings before the justice 
shall be the same as in the action in the mu- 
nicipal court where an issue of fact has been 
joined, and if the decision of the justice is 
in favor of the petitioner, the justice must 
make a final order, the same as though no 
appearance or trial were had, except to recite 
the appearance and trial before him. If no 
person appears and answers the justice shall 
make a final order, directed to the commis- 
sioner of street cleaning, commanding him to 
sell, at public auction, all of the property 
seized and described in the petition, at the 
yard to which said property was removed, 
for the best price which he can obtain there- 
for. Before making any such sale the said 
commissioner or deputy commissioner shall 
give public notice in the City Record, and 
corporation papers, as by this act pre- 
scribed, not later than three days before 
the day of such sale, and such notice of sale 


THE CHARTER FOR THE GREATER NEW YORK. 


61 


shall specify the time and place of such sale, 
and shall contain a general description of the 
property to be sold, but no particular de- 
scription of any article Shall be contained 
therein. 

The sale shall be made at the time and 
place specified in said notice of sale by the 
commissioner or deputy commissioner, or by 
an auctioneer designated for such sale by 
said commissioner. Immediately after such 
sale the commissioner of street cleaning shall 
pay to the controller the proceeds of such 
condemnation and sale, and shall, at the same 
time, transmit to the controller an itemized 
statement of the articles sold, with the price 
received for each article and a certificate of 
the costs and expenses incurred by the said 
commissioner in making such condemnation 
and sales. The controller shall credit and add 
to the appropriation for the department of 
street cleaning from the proceeds of such 
sale the amount of said costs and expenses 
of such condemnation and sales, as herein- 
before provided, and, in addition thereto, such 
an amount for each incumbrance seized or 
taken, condemned and sold as hereinbefore 
provided, not to exceed ten dollars, as may be 
estimated and fixed by the commissioner of 
street cleaning as necessary to pay the cost 
of seizing, removing and keeping or storing 
such incumbrances; and the remainder of the 
moneys realized from such sale shall be paid, 
without interest, to the lawful owners of the 
several articles sold. Any payment to a per- 
son apparently entitled thereto, under the 
provisions of this section, shall be a good de- 
fense to the city against any other person 
claiming to be entitled to such payment, but 
If the person to whom such payment is made 
be not in fact entitled thereto, it shall be law- 
ful for the person or persons to whom the 
same ought to have been paid to recover the 
same with interest and costs of suit as so 
much money had and received to his, her or 
their use by the person or persons to whom 
the same shall have been paid. The owner 
of any truck, cart, wagon, vehicle, box, bar- 
rel, bale or other thing removed from any 
public street or place under the provisions 
of this section, may redeem his property at 
any time after its removal upon payment to 
the commissioner of street cleaning of such 
sum as he may fix, not to exceed ten dollars 
for each article redeemed. The sum thus 
paid shall be immediately transmitted to the 
controller, and by him added and credited 
to the appropriation for the department of 
street cleaning, under the provisions of this 
act, and may be used by the commissioner 
for any of the purposes of said department, 
as if originally included in the appropriation 
thereof, by the board of estimate and appor- 
tionment. Nothing in this section contained 
shall be deemed to authorize the summary 
removal of materials for any public work or 
improvement in course of construction. 

Limitation of amount of expense for street 
cleaning. Bonds to be issued by controller 
for purchase of plant. 

Sec. 546. In no case, except as in this 
section provided, shall the amount expended 
by the commissioner of street cleaning exceed 
the amount appropriated for the said depart- 
ment by the board of estimate and apportion- 
ment and the municipal assembly, but, for the 
more effectual carrying out of the provisions 
of this act, the said commissioner of street 
cleaning may, with the approval of the board 
of public improvements and of the board of 
estimate and apportionment, purchase or con- 
struct stock or plant, including houses, dump- 
ing boards or places or buildings or structures 
necessary for any purpose pertaining to the 
business of the department, of durable char- 


acter intended to be used for a term of years, 
to be paid for by the issue and sale of bonds, 
and the controller shall issue such bonds as 
may be necessary for such purpose. Such 
bonds shall be of such amount and to run for 
such term as may be determined by said con- 
troller, by and with the authority of the mu- 
nicipal assembly, not less than ten, 
nor more than fifty years, and shall 
bear interset not exceeding 4 per cent, 
per annum and shall not be sold at less 
than the par value thereof. If the necessary 
cost of removing snow or ice from the streets 
and avenues shall, in any one year, exceed 
the amount appropriated therefor, the board 
of estimate and apportionment may authorize 
such additional expenditure as may be re- 
quired for the removal of such snow or ice 
to be paid out of any unexpended balance of 
the appropriation made for the purposes of 
said department; and the controller shall raise 
the amount of such additional expenditure by 
the issue and sale of revenue bonds, and shall 
place the amount so raised to the credit of the 
department of street cleaning, to supply the 
amount of the deficiency occasioned by such 
additional expenditure. 

Devolution of powers of former boards. 

Seo. 547. All the powers and duties con- 
ferred upon the corporation heretofore known 
as the mayor, aldermen and commonalty of 
the city of New York, or upon any board or 
officer thereof, or upon the corporation known 
as the City of Brooklyn, or upon any board or 
officer thereof, or upon the corporation known 
as Long Island City, or upon any board or 
officer thereof, and upon any other municipal 
corporation, town or village, within the county 
of Richmond or within so much of the terri- 
tory of the county of Queens as is by this act 
annexed to the municipal corporation known 
as the mayor, aldermen and commonalty of 
the city of New York, and consolidated into 
the municipality known as the city of New 
York, relating in any way to the sweeping and 
cleaning of the streets, avenues, highways, 
boulevards, squares, lanes, alleys and other 
public places of the city, and of the removal, 
or other disposition as often as the public 
health and the use of the streets may require, 
of ashes, street sweepings, garbage and other 
light refuse and rubbish, and of the removal 
of snow and ice from leading thorough- 
fares and from such other streets as may be 
found practicable; of the removal of encum- 
brances; of the issue of permits to builders 
and others to use the streets, avenues, high- 
ways, boulevards, squares and public places, 
but not to open them; of the framing of regu- 
lations controlling the use of sidewalks and 
gutters by abutting owners and occupants for 
the disposition of sweepings, refuse, garbage 
or light rubbish, are hereby vested in the city 
of New York, and as matters of administra- 
tion devolved upon the commissioner of street 
cleaning of said city, to be by him executed 
pursuant to the powers, provisions and limita- 
tions of this act. 

TITLE 7. 

DEPARTMENT OF SEWERS. 
Commissioner of sewers; appointment; salary. 

Sec. 555. The head of tne department of sew- 
ers shall be called the commissioner of sew- 
ers. He shall be appointed by the mayor and 
hold office as provided in chapter IV of this 
act. His salary shall be $7,500 a year. 

Id. Jurisdiction and duties; salary. 

Sec. 556. The commissioner of sewers shall 
have cognizance and control of all subjects 
relating to the public sewers and drainage of 


the city, and shall initiate the making of all 
plans for the drainage of the city, except as 
otherwise specifically provided in title 2 of 
this chapter. He shall have charge of 
the construction of all sewers in accordance 
with said plan. He shall prepare and execute 
all contracts and specifications relating to the 
sewers for submission to the board of public 
improvements, and shall supervise all work 
done under such contracts. He shall have 
in charge the management, care and mainte- 
nance of the sewer and drainage system of 
the city and the licensing of all cisterns and 
cesspools. 

Overflow sewers may be constructed. 

Sec. 557. Any overflow sewers which may 
be deemed necessary for the relief of any 
main sewers now constructed or which may 
hereafter be constructed in said city, may 
be discharged into the waters adjacent to said 
city, or into the Gowanus canal, or any other 
canal or inlet in said city, at such points 
as in its judgment may be most convenient. 


Canals to be kept free from obstructions. 

Sec. 558. It shall be the duty of the city of 
New York to keep any canal free from any 
obstructions that may be occasioned by the 
reason of the emptying of said overflow sew- 
ers into it, and for that purpose the depart- 
ment of sewers of said city is authorized and 
directed to dredge the same from time to 
time. 

Commissioner; power to construct temporary 

sewers; expenses of same. 

Sec. 559. Whenever it shall become neces- 
sary to construct a sewer or drain for the 
purpose of preventing damage to property or 
to abate a nuisance, and it shall become im- 
practicable to proceed immediately to the 
construction of the same in accordance with 
any plan already adopted, pursuant to title 
2 of this chapter, on the approval of the board 
of public improvements, the said commission- 
er shall have power to construct a temporary 
sewer or drain in such manner as to avoid 
such damage or to abate such nuisance, and 
the cost of such temporary sewer or drain 
shall be assessed upon the property draining 
into the same and benefited thereby. And 
such assessment shall be enforced, levied and 
collected in the manner provided in chapter 
XVII of this act. 


Permits for construction of private sewers; 

procedure. Becomes property of city when 

paid for by, etc. 

Sec. 560. A permit for the construction of 
sewers in the streets of said city by pri- 
vate property owners shall only be granted 
upon the parties proposing to construct such 
sewer first filing with the commissioner of 
sewers, plans and specifications of such pro- 
posed sewer, conforming to the general plan 
for the construction of public sewers in said 
city, on file in the office of the board of pub- 
lic improvements and a duplicate copy of the 
contract for the construction of such sewer, 
showing the cost of the construction thereof, 
together with a satisfactory guarantee to said 
commissioner for the payment of the neces- 
sary expense of the said department of sev- 
ers, in the supervision of the construction 
of said sewer. And upon approval of such 
plans, specifications and contracts, by the 
commissioner of sewers and the board of pub- 
lic improvements the said commissioner shall 
issue his permit for the construction of such 
proposed sewer and shall forthwith request 
the board of assessors to apportion the cost 
of the construction of said sewer according 
to actual benefit between the several parcels 
of property abutting on each side of that part 


62 


THE CHARTER FOR THE GREATER NEW YORK. 


of the street through which said sewer 
shall be constructed. The said board 
of assessors shall as soon as practi- 
cable report such apportionment of such 
cost to the said commissioner of sewers. Said 
commissioner shall grant permits for con- 
nection with said sewer, to be constructed as 
aforesaid, only to such owners or oocupants of 
the property abutting on that part of such 
street through which said sewer shall be 
constructed as shall produce to said commis- 
sioner of sewers satisfactory proof of the pay- 
ment by him or them to the parties who con- 
structed and paid for such sewer, of the 
amount of the proportionate part of the cost 
of the construction of said sewer appor- 
tioned as aforesaid to the property sought 
to be connected with said sewer, and no per- 
mit shall be issued for, nor shall any con- 
nection be allowed with said sewer, nor with 
any sewer heretofore constructed by the own- 
ers of the abutting property by private con- 
tract from any abutting property until the 
proportionate part of the expense of the con- 
struction of such sewer shall have been paid 
to the parties entitled thereto by the own- 
ers of such abutting property, and satisfactory 
proof thereof made to said commissioner of 
sewers. 

And when constructed, except for tbe pur- 
pose of supervision, maintenance and use by 
the city of New York in connection wixh its 
public sewer system, said sewer shall be 
deemed the private property of the persons 
who shall have paid for its construction until 
ttie owners of all the property abutting on 
lit at part; of the street or avenue in which said 
sewer shall be laid, shall have paid theLr sev- 
eral shares of the cost of the construction of 
said sewer, but when the same shall have been 
fully paid for by all the owners of abutting 
property, then the same shall be the property 
of 'the city of New York, and deemed to have 
been fuliy dedicated to said city. 

Id. Power to acquire lands for sewers. 

Sec. 561. The city of New York is author- 
ized to acquire title for the use of the public 
to all or any of the lands and premises re- 
quired for sewers or to easements therein for 
that purpose, whether the same be above or 
below high water mark or under water. 

The beard of public improvements, at the re- 
quest of the commissioner of sewers, is au- 
thorized to direct the same to be done. 

It shall be the duty of the corporation coun- 
sel, when requested in writing by the beard of 
public improvements, immediately to insti- 
tute a proceeding to acquire title for the use 
of the public to the lands and premises or 
easements therein, required for the building 
of sewers or drains, in the same manner that 
is provided by this act for itie acquisition of 
lands fer the purpose of opening streets. 

The expenses incurred in the acquisition of 
such lands and premises, with the buildings 
and improvements thereon, sc fur as the same 
shall be taken in such a proceeding, shall be 
assessed in accordance with the previsions of 
this act relating to the opening of streets upon 
a 1C the property deemed by the commissioners 
of estimate and assessment apopintod in such 
proceeding to be benefited by the acquisition 
of such lands for such purpose, and upon tho 
owners thereof or persons interested therein. 

Proposals and contracts for sewerage work. 

Sec. 562. The commissioner of sewers, upon 
the completion of the plan of sewerage of 
any district, upon the filing of copies thereof, 
as required by title 2 of this chapter, or as 
soon thereafter as may be deemed convenient 
and necessary, shall, with the approval of the 
boa-d of public improvements, cause printed 
■DPClfcaticris to be made lu accordance with 


said plan of the work proposed to be done in 
said district, and shall thereupon invite pro- 
posals in the manner now required by law, 
and shall contract for the whole or any part 
of the work in said district. 

Commissioner authorized to purchase supplies. 

Sec. 563. In order to provide for the more 
effectual and economical construction of 
sewers, the commissioner of sewers, with the 
approval of the board of public improvements, 
may contract in pursuance of law for such 
materials used in the construction of sewers 
and in such quantities as he may deem proper, 
and it shall be the duty of the controller, out 
of the appropriate fund or from the proceeds 
of assessment bonds authorized to be Issued, 
upon the requisition of said commissioner, to 
pay for such materials, and the expenses for 
engineers, surveyors, inspectors or other per- 
sons employed by authority of said commis- 
sioner in the construction of sewers. 

Penalty for injury to sewers. 

Sec. 564. All provisions of law creating civil 
and criminal liabilities from wrongs and in- 
juries done to the water works of the city 
of New York and providing remedies for the 
redress thereof, and the prosecution and 
punishment of persons committing the same, 
shall apply in like manner and extent to 
wrongs and injuries done to sewers in the 
said city. 

Devolution of powers of the commissioner of 

street improvements in the 23d and 24th 

wards. 

See. 565. All the powers, privileges and du- 
ties of the commissioner of street improve- 
ments in the Twenty-third and Twenty-fourth 
wards of the city of New York, as heretofore 
constituted, which in any way relate to the 
public sewers and drainage of the said Twenty- 
third and Twenty-fourth wards, and to the 
construction, repair and cleansing of sewers 
and underground drains, and of the licensing of 
the cisterns and cesspools therein, and of all 
matters in any way relating to the construc- 
tion, maintenance and care of the sewer sys- 
tem and drainage of said wards, are hereby 
vested in the city of New York, as here- 
by constituted, and as matter of ad- 
ministration devolved upon the commis- 
sioner of sewers of the city of New York to 
be by him executed in accordance with the 
provisions, directions and limitations of this 
act. 

Devolution of powers of former boards. 

Sec. 566. All powers and duties heretofore 
eonforred 'upon the city of New York as here- 
tofore known and bounded, or any of tho of- 
ficers thereof, or upon the city of Brooklyn, 
or any of the officers thereof, or upon Long 
Island City, or any of the officers thereof, 
or upon any board of public officers acting 
within any of the territory of the county of 
Richmond, or within that part of the territory 
of the county of Queens, hereby annexed by 
this act to the corporation known as the may- 
or, aldermen and commonalty of the city of 
Now York, and by this act consolidated into 
one municipal corporation, which in any way 
relate to the public sewers and drainage of 
the said cities, municipal corporations, towns 
or territory, and to the construction, repair 
and cleansing of sewers and underground 
drains and of the licensing of cisterns and 
cesspools therein and to all matters in any way 
concerning the construction and care of the 
sewer system and drainage thereof, so far as 
such powers and duties are consistent with 
and conformable to the provisions of this 
act, are hereby vested in the city of New 
York, and as matte)' of administration de- 


volved upon the commissioner of sewers of 
New York, to be by him executed in accord- 
ance with the provisions, directions and limi- 
tations of this act. 

TITLE 8. 

THE DEPARTMENT OF PUBLIC 
BUILDINGS, LIGHTING AND 
SUPPLIES. 

Commissioner; appointment, term, salary. 

Sec. 572. The head of the department of 
public buildings, lighting and supplies shall 
be called the commissioner of public build- 
ings, lighting and supplies. He shall be ap- 
pointed by the mayor and hold office as pro- 
vided in chapter IV of this act. His salary 
shall be seven thousand five hundred dollars 
a year. 

Id. Jurisdiction. 

See. 573. The commissioner of the depart- 
ment of public buildings, lighting and sup- 
plies shall have cognizance and control of 

(1) The construction, repairs, cleaning and 
maintenance of public buildings, except school 
houses, alms houses, penitentiaries and the 
like, and fire and police station houses. 

(2) Of the maiking and performance of con- 
tracts when duly authorized in accord with 
the provisions of this act, and for the ex- 
ecution of the same in the matter of furnish- 
ing the city, or any part thereof, with gas, 
electricity or any other illuminant; of the 
selecting, locating and removing and changing 
of lights for the use of the city; of the in- 
specting and testing of gas and electricity 
used for light, heating and power purposes, 
gas meters, electric meters, electric wires 
and of all lights furnished to said city; and 
of the use and transmission of gas, elec- 
tricity, pneumatic power and steam for all 
purposes in, upon, across, over and under all 
streets, roads, avenues, parks, public places 
and public buildings; of the construction of 
electric main®, conduit®, conductors and sub- 
ways in any such streets, reads, avenues, 
parks and public place®, and the granting of 
tho permission to open streets, when approved 
by the department of highways, and to open 
same for the purpose of carrying on therein 
the business of transmitting, conducting, using 
and selling electricity, steam, or for the serv- 
ice of pneumatic tubes. 

(3) Of the care and cleaning of all offices 
leased or occupied for public uses. 

(4) Of the location, care, management and 
maintenance of the public baths. 

(5) Of the location, erection, establishment 
and maintenance of public urinals. 

(6) Of the purchase of fuel, furniture, uten- 
sils, books, stationery and other articles need- 
ed for the public offices, which are to be fur- 
nished upon the receipt of a written requisi- 
tion signed by the head of the department or 
office in which the same is required, and by 
the principal officer in charge of the sub-divi- 
sion. The said commissioner shall prepare all 
contracts relating to his department for sub- 
mission to the board of public improvements. 

Consulting engineer; duties. 

Sec. 674. The consulting engineer of light- 
ing and electricity shall, when requested by 
tho commissioner of public buildings, light- 
ing and supplies, examine problems arising 
from the use of gas and electricity and steam 
affecting public interests in said city from time 
to time, and shall report thereon to the said 
commissioner from time to time as he may be 
required. He shall recommend to the said 
commissioner proposed ordinances for the use 
and control of gas and electricity and steam, 
which the said commissioner may submit to 
the board of public Improvements; and he 


THE CHARTER FOR THE GREATER NEW YORK. 


03 


shall perform such other duties as the said 
commissioner may from time to time require. 

Commissioner; to cause tests to be made, etc. 

See. 575. The sdid commissioner shall cause 
tests to be made of all gas used for lighting, 
healing and power purposes, shall cause in- 
spections to be made of gas and electric lights 
furnished to the city, and of gas meters and 
electric meters and electric wiring, as such 
tests may be provided for by the proper ap- 
propriation; the said commissioner shall 
cause tests to be made of all meters in use in 
said city for measuring or ascertaining' the 
quantity of gas or electricity or steam fur- 
nished by any corporation or person in said 
city within one year after this act shall take 
effect; and thereafter no corporation or 
person shall furnish or put in use any gas 
or electric or steam meter ( which shall not 
have been inspected, approved and sealed by 
the inspectors, and every such corporation 
or person shall provide and keep in or upon 
their premises a suitable and proper appa- 
ratus to be approved and sealed by the in- 
spector for testing and proving accuracy of 
meters furnished for use by them. When- 
ever a meter shall be inspected the in- 
spector shall attach thereto some seal, stamp 
or mark, with the inspector’s name, the 
date of his inspection, and whether or not 
the meter is accurate. Meters in use shall 
be re-inspected and tested on the written 
request of the consumer, or of the company, 
in the presence of the consumer, if desired. 
If any such meter on being so tested shall be 
found defective or inaccurate to the prejudice 
or injury of the consumer, the necessary re- 
moval, inspection, correction and replacing 
of such meter shall be without expense to the 
consumer; but in all other cases, except where 
the change is beneficial to the company, he 
shall pay the reasonable expense of such in- 
spection, and the re-inspeotion shall be 
stamped on the meter. Provided, however, 
that nothing herein contained shall be con- 
strued as requiring to be sealed, electrolytic 
or other electric meters, which in their con- 
struction or use are not susceptible of being 
sealed, nor the apparatus employed in tak- 
ing the usual periodic readings therefrom; 
but all such meters shall, in all other re- 
spects, be tested and stamped in the manner 
provided herein for other meters; and every 
corporation using such electrolytic or other 
meters shall at all times admit the inspectors 
of meters at its meter department and read- 
ing rooms, and permit the inspection by him 
of all meters and of all the processes, meth- 
ods and operations of measuring electric cur- 
rent consumed by it. 

Laws repeated. 

Sec. 576. The provisions of sootions 62, 
63 and 64 of chapter 40 of the general laws, 
known as the transportation corporations law, 
are hereby repealed in so far as they affect 
the inspection of gas meters and electric me- 
ters within the city of New York. 

Interest in manufacture of gas, etc., and cer- 
tain acts by officers, etc., of department 

prohibited. 

Sec. 577. No officer, agent or employe of 
the department of public buildings, lighting 
and supplies shall in any way, directly or 
indirectly, be interested, pecuniarily, in the 
manufacture or sale of gas. or of electricity, 
or steam, or of gas or electric or steam 
meters, or of any article or commodity used 
by gas or electric companies, or used for any 
purpose for the consumption of gas or of 
electricity, or steam, or in or with a gas' or 
el^trip or steam company, and no such offi- 
cer, agent or employe shall give certificates 


or written opinions to a maker or vendor of 
any such article or commodity. 

Inspection of Illuminating gas; tests. 

Sec. 578. The illuminating gas of every 
company shall be inspected at least twice a 
year, and may be inspected as frequently 
as the commissioner may think best, but not 
oftener than once a week. The gas shall be 
tested for illuminating power by means of 
a disc photometei, or other approved appara- 
tus, and during such test shall be burned 
from a burner best adapted to it, which is at 
the same time suitable for domestic use, 
and at as near the rate of five feet per hour 
as is practicable. When the gas of any such 
company shall be found on three consecutive 
inspections to be of an illuminating power 
less than twenty sperm candles of six to a 
pound, and burning at the rate of one hun- 
dred and twenty grains of spermaceti per 
hour, tested at such place as the said commis- 
sioner shall specify by a burner consuming 
five cubic feet of gas per hour, and shall not 
comply with the reasonable and proper stan- 
dard of purity as fixed by said commissioner, 
a fine of one hundred dollars shall be paid 
by such company to the city. 

Commissioner to submit proposed ordinances 

relative to wires, etc. 

Sec. 579. The said commissioner shall from 
time to time submit for the consideration of 
the board of public improvements such pro- 
posed ordinances in regard to electric wires, 
appliances and currents for furnishing light, 
heat or power when introduced into or placed 
in any building in said city. Such proposed 
ordinances shall prescribe the method of con- 
struction, operation, location, arrangement, 
insulation and use of such wires, appliances, 
and currents, as said commissioner shall from 
time to time deem necessary for the protection 
of life and property. 

Inspector of electric wiring; qualifications; all 

wires to be inspected; rules, notices, etc.; 

penalty for violation. 

Sec. DSO, Any inspector of electric wiring 
appointed in the department shall have a tech- 
nical and practical knowledge of the con- 
struction and operation of electrical lines and 
appliances. After this act takes effect, the 
commissioner shall cause to be inspected all 
such wires, currents and appliances that may 
be introduced into or placed in any building in 
said city, and the said commissioner shall fur- 
nish a certificate of such inspection to any per- 
son or corporation applying therefor. All no- 
tices of the violation of any of the provisions 
of this section, or of any ordinances relating 
to said department, or any regulations, rules 
or orders made thereunder relating to electri- 
cal wires, currents or appliances, shall be is- 
sued and served in the manner provided in 
this act for the service qf notices. The vio- 
lation of any of the provisions of this section 
or of any of the said ordinances or any rules 
or regulations thereunder shall bo deemed to 
be a violation of the provisions of the depart- 
ment of buildings of said city, and shall sub- 
ject the person or corporation committing the 
same to the penalties prescribed herein for 
such violations. 

Removal of electric wires. 

Sec. 681. Whenever in the opinion of the 
board of public improvements it shall be prac- 
ticable to remove the electrical conductors 
above ground in any street, avenue, highway 
or public place of that part of the city of New 
York which lies within the boroughs of Man- 
hattan and the Bronx, after the grade of said 
street, avenue or highway shall have been 
finally determined and established, and to 


place the same underground, the commission- 
er of public buildings, lighting and supplies 
shall notify the owners or operators of the 
electrical conductors above ground that such 
electrical conductors must be removed within 
a certain time to be fixed by said commission- 
er, which time shall be sufficient for such re- 
moval, and in the case of a corporation duly 
authorized to lay and operate electrical con- 
ductors underground in such street, avenue, 
highway or public. place, sufficient also for the 
proper laying • of conductors underground in 
place of those removed. All electrical con- 
ductors authorized to be placed underground, 
shall be placed underground under and in ac- 
cordance with the provisions of chapter seven 
hundred and sixteen of the laws of one thou- 
sand eight hundred and eighty-seven, chapter 
two hundred and thirty-one of the laws of 
one thousand eight hundred and ninety-one, 
chapter two hundred and sixty-three of the 
laws of one thousand eight hundred and nine- 
ty-two, and the laws amendatory thereof and 
supplemental thereto. Whenever application 
shall be made to said commissioner of public 
buildings, lighting and supplies, for permis- 
sion to place underground electrical conduc? 
tors in any street, avenue, highway, or public 
place of that part of the city of New York 
which lies within the boroughs of Manhattan 
and the Bronx, the subways therefor shall, 
if such permission be granted, be constructed 
or provided, and such electrical conductors 
placed underground under and in accordance 
with said laws. But such permission shall 
be granted only in accordance with the pro- 
visions of said laws. 

Underground electrical conductors , 

See. 582. Whenever the said board of pub- 
lic improvement shall deem It desirable and 
practicable, after hearing all parties inter- 
ested, that the electrical conductors in any 
street, avenue, highway or public place of the 
city of New York, lying within the boroughs 
of .Brooklyn, Queens and Richmond, be 
placed underground, the said commissioner 
shall notify the owners or operators of the 
electrical conductors above ground in any 
such street, avenue, highway or public place, 
that said electrical conductors shall be placed 
underground within a certain time to be fixed 
by the said commissioner, which said time 
shall be sufficient for the proper construction 
of underground conduits or other channels in 
said street, aveuue, highway or public place. 
Whenever any duly authorized company op- 
erating or intending to operate electrical 
conductors in any street, avenue, highway or 
public place in that part of the city of New 
York which lias within the boroughs of 
Brooklyn, Queens and Richmond, shall desire 
to place its conductors or any of them un- 
derground, It shall be obligatory upon such 
company to file with the commissioner of 
public buijdiugs, lighting and supplies, a map 
or maps made to a scaio, showing the streets 
or avenues or other highways or public places 
which are desired to bo used for such pur- 
pose, and giving the general location, dimen- 
sions and oourse of the underground conduit 
desired to be constructed. Before any such 
conduit shall be constructed it shall be nec- 
essary to obtain the approval by said commis- 
sioner of said plan of construction so pro- 
posed by such company, and said commis- 
sioner shall have power to require that tho 
work of removal and of constructing every 
such system of underground conductors shall 
be done according to such plan so approved. 

Id. Procedure when board of public improve- 
ments determines upon 

Sec. 583. Whenever the commissioner of 
public buildings, lighting and supplies, in ac- 
cordance with the resolution of the board oi 


64 


THE CHARTER FOR THE GREATER NEW YORK. 


public improvements, shall notify the owners 
or operators of any electrical conductors In 
the city of New York, that said conductors 
shall he removed or placed under ground with- 
in a certain time, the time witbin which said 
electrical conductors shall he placed under 
ground shall he fixed 'by the said commission- 
er, giving all persons or corporations owning 
or opera/ting such electrical con4uctors, an 
opportunity to be heard on the question of 
the time necessary to place said conductors 
underground, and after hearing the engineer 
of lighting and electricity, and such other 
expert opinion as the said commissioner may 
think advisable. Said owners or operators of 
electrical conductors above ground in such 
•treet or locality shall be required to remove 
all of said poles, wires or other electrical 
conductors and supporting fixtures or other 
devices from any such street or locality with- 
in thirty days after the expiration of the time 
so fixed by said commissioner. 

Id. Permit necessary to take up pavement, 
etc. Board of public improvement to de- 
termine method of extension. Municipa 
assembly may enact ordinances regulating 
use, etc. 

Sec. 584. l<t shall he unlawful, after the 
passage of this act, for any person or cor- 
poration to take up the pavement of any 
of the streets and parks of said city, or to 
excavate for the purpose of laying under- 
ground any electrical conductors, or to con- 
struct subways, unless permission in writing 
therefor shall have been first obtained from 
the said commissioner of public buildings, 
lighting and supplies. Indorsed by the com- 
missioner of highways. And except with a 
like permission therefor no electrical conduct- 
ors, poles, wires or other electrical devices 
or fixtures shall he constructed, erected, 
strung, laid or maintained above or below 
the surface of any street, avenue, highway 
or other pufblic place, in any part cf said city. 
And the said commissioner of public build- 
ings, lighting and supplies shall determine 
whether any extension of the existing elec- 
trical conductors of any person or corpora- 
tion In said city shall be by means of over- 
head or underground conductors. And the 
municipal assembly may establish, and may 
from time to time enact ordinances regulat- 
ing all the construction, maintenance, use 
and management of the electrical conductors, 
poles and fixtures above ground, the conduits 
and subways therefor constructed under- 
ground, and for regulating the number and 
location of overhead lines. 

The four preceding sections to be police regu- 
lations. 

Sec 585. The provisions of the four preced- 
ing sections of this act are made police regu- 
lations In and for the city of New York, 
and in case the several owners of said poles, 
wires or other electrical conductors, fixtures, 
and devices shall not cause them to be re- 
moved from such streets or localities as re- 
quired by said commissioner or by the de- 
termination of the board of public improve- 
ments, or shall neglect or refuse to comply 
with any of the ordinances as herein pro- 
vided, it shall be the duty of the said com- 
missioner to cause the same to be removed 
from said streets, roads, avenues, lanes, parks 
and public places. 

Former boards to turn over maps, etc., to 
commissioner. 

Sec. 586. The board of electrical control in 
and for the city of New York and the mayor 
and commissioner of city works of the City 
•I Brooklyn, acting as commissioners of elec- 


trical subways of the city of Brooklyn, are 
hereby required and directed to turn over 
and deliver to the commissioner of public 
buildings, lighting and supplies, within thir- 
ty days after this act shall take effect, all 
maps, plans, models, books and papers relat- 
ing to the construction and location of elec- 
trical conductors, conduits or subways filed 
with or communicated to said commissioner, 
and all official records and papers of every 
kind in their possession. 

Separate contracts for lighting each borough; 

duty of commissioner. 

Sec. 587. The commissioner of lighting and 
electricity under and in conformity to the 
ordinance regulating contracts shall prepare 
the terms and specifications under which con- 
tracts shall be made for lighting the streets, 
public buildings and parks of said city. Sep- 
arate contracts shall be made for such light- 
ing in each of the boroughs of the city 
of New York, or in such subdivisions of the 
city as may appear to the board of public 
improvements and the municipal assembly to 
be for the best interests of said city. The 
number, kind and location of lights to be 
furnished under each of said contracts shall 
be determined and prescribed by the commis- 
sioner of public buildings, lighting and sup- 
plies. Such bids shall be prepared and ad- 
vertised for, and such contracts shall be exe- 
cuted in the manner prescribed for herein as 
to other contracts entered into by said city 
or’the departments thereof. 

Contracts shall be made for the term of one 
year and shall be awarded to the lowest bid- 
der, unless the board of public improvements 
by a vote of a majority of Its members, of 
whom the mayor and controller Shall be two, 
shall determine that it is for the public in- 
terest that a bid other than the lowest should 
be accepted. Contracts made for a given bor- 
ough or district shall include all lights of a 
given kind used by said city in said borough 
or district then ordered or thereafter to be 
ordered by the said commissioner during the 
term of said contract. But no bid shall be 
entertained unless the said commissioner shall 
be satisfied that the party or parties bidding 
are possessed of sufficient plant to carry out 
the provisions of the contract. 

Devolution of powers of former boards. 

Sec. 588. All powers and duties conferred 
or imposed upon the corporation heretofore 
i nown as the mayor, aldermen and common- 
alty of the city of New York, or upon any of 
the officers, or any board thereof, or upon 
the board of electrical control in and for the 
city of New York, or upon the corporation 
known as the City of Brooklyn, or upon any 
of the officers or any board thereof, or upon 
any board of commissioners of electrical sub- 
ways therein, or upon the corporation known 
as Ijong Island City, or upon any of the of- 
ficers, or any board thereof, or upon any other 
municipal corporation, town or village, or any 
board of public officers existing or acting 
within the territory of the county of Richmond, 
or within so much of the territory of the 
county of Queens as is by this act annexed to 
the corporation known as the mayor, aldermen 
and commonalty of the city of New York, so 
far as such powers and duties in any way re- 
late to the construction, repairs, cleaning and 
maintenance of public buildings, including 
markets, except school houses, alms houses, 
penitentiaries and the like, and fire and police 
station houses, and to furnishing the city, or 
any part thereof, with gas, electricity, or any 
other illuminant, or of steam; the selecting, 
locating and removing and changing of 
lights for the use of the city; the 
inspecting and testing of gas and electricity 


used for light, heating and power purposes, 
gas meters, electric meters, electric wires 
and of all lights furnished to said city; and 
the use and transmission of electricity for all 
purposes in, upon, across, over and under 
all streets, roads, avenues, parks, public 
places and public buildings; the construction 
of electric mains, conduits, conductors and 
subways in any such streets, roads, avenues, 
parks and public places and the granting of 
the permission to open streets and to open 
same for the purpose of carrying on therein 
the business of using and selling electricity 
or steam, or for the service of pneumatic 
tubes, the care of all offices leased cr occupied 
for public uses; the location, care, manage- 
ment and maintenance of the public baths; 
ithie location, erection, establishment and 
maintenance of public urinals; the purchase of 
fuel, furniture, utensils, books, stationery and 
other articles needed for the public offices, 
so far as such powers are consistent with and 
conformable to the provisions of this act, 
are hereby conferred and imposed upon the 
city of New York as constituted by this act, 
and as a matter of administration are devolv- 
ed upon the commissioner of public buildings, 
lighting and supplies, to be by him exercised, 
performed and executed according to the pro- 
visions, directions and limitations of this act. 

TITLE 9. 

DEPARTMENT OF BRIDGES. 

Commissioner, appointment, term and salary. 

Sec. 594. The head of the department of 
bridges shall be called the commissioner 
of bridges. He shall be appointed by the 
mayor and hold office as provided in chapter 
IV of this act. His salary shall be seven 
thousand five hundred dollars a year. 

Id. Jurisdiction. 

Sec. 595. The commissioner of bridges shall 
have cognizance and control — 

(1) Of the management and maintenance of 
the New York and Brooklyn bridge. 

(2) Of the operation of the railroad on the 
New York and Brooklyn bridge. 

(3) Of the collection of fares and of tolls 
on the New York and Brooklyn bridge. 

(4) And of the construction, repair, mainten- 
ance and management of all other bridges 
that may at any time hereafter be constructed 
in whole or in part at the expense of the city 
of New York, or that may be acquired by said 
city. 

(5) Of the construction, repair and mainten- 
ance of all other bridges that are or may be 
in whole or in part a public charge, not in- 
cluded in public parks, within the territory of 
the city of New York, except the East river 
bridge, authorized by chapter 789, laws of 
1895. 

Id. To make daily report to controller. 

Sec. 596. The said commissioner shall keep 
accurateaccountsofall moneys received or col- 
lected by his department for fares, tolls and any 
other purposes, in such form as the controller 
of the city or the ordinances of the municipal 
assembly shall require, and he shall pay over 
the same dally to the chamberlain and make 
a daily report of the same to the controller. 

Persons not affected by passage of this act; 
exceptions. 

Sec. 597. The engineers, officers and subor- 
dinates, with the exception of the attorneys and 
counsel of the New York and Brooklyn bridge 
in office or employment at the time of the pas- 
sage of this act and heretofore appointed by 
the trustees of the New York and Brooklyn 
bridge shall not be affected by the passage of 
this act so far as their positions are 
concerned, but shall continue to hold such 


THE CHARTER FOR THE GREATER NEW YORK. 


65 


places and positions under the commissioner 
of bridges, subject to the provisions of this 
act. 

The New York and Brooklyn bridge, a public 
highway. 

Sec. 598. The New York and Brooklyn 
bridge is hereby declared to be a public high- 
way for the purpose of rendering travel be- 
tween the boroughs of Manhattan and Brook- 
lyn certain and safe at all times, subject to 
such tolls and prudential and police regula- 
tions as the municipal assembly shall adopt 
and prescribe; provided, however, that the 
passageway of the bridge now set apart for 
foot passengers shall remain free and open 
to all pedestrians coming or going at all times. 

Concurrent jurisdiction in boroughs of New 
York and Brooklyn over crimes, etc., com- 
mitted on the said bridge. 

Sec. 599. Concurrent jurisdiction shall be 
possessed by all courts located in the borough 
of Manhattan, and by all courts located in 
the borough of Brooklyn, and by the Judicial 
and administrative offices of the city of New 
York, over all crimes and offenses, committed 
upon said bridge and upon any other bridge 
that may hereafter be erected between the 
two boroughs. It shall be the duty of the 
said commissioner of bridges and he hereby 
is authorized to execute the ordinances of the 
municipal assembly, relative to said bridges 
and to have in Immediate charge the control 
and disposition of such members of the po- 
lice force of the city of New York, as may 
be assigned for duty In his department. 

Certain acts declared to be misdemeanors, 
penalties for. 

Sec. 600. Any person willfully doing any 
injury to any of said bridges or any of their 
appurtenances, shall forfeit and pay to the 
said city of New York three times the amount 
of such injury, and shall be deemed guilty of 
a misdemeanor and be subject to a penalty 
not exceeding five hundred dollars, and to im- 
prisonment not exceeding six months, in the 
discretion of the court. 

Devolution of power of former boards, etc. 

Sec. 601. Upon the appointment of the com- 
missioner of bridges the respective of- 
fices of the trustees of the New York 
and Brooklyn bridge shall be and they 
hereby are declared abolished and all the 
powers and duties vested in and devolved 
upon said trustees of the New York and 
Brooklyn bridge by any law or statute shall, 
so far as they are consistent with and con- 
formable to the provisions of this act, be 
devolved upon the commissioner of bridges 
of the city of New York and upon the munici- 
pal assembly, and they shall in all respects 
exercise such duties and perform such powers, 
subject, however, to the provisions, directions 
and limitations of this act. 

CHAPTER XF. 

DEPARTMENT OF PARKS. 

Title 1. The parks of the city. 

2. The art commission. _• ; ; 

TITLE 1. 

THE PARKS. 

Administrative jurisdiction; board; president; 
salaries; branch offices. 

Sec. 607. The head of the department of 
parks shall be called the park board. Said 
board shall consist of three members, who 
ahall be known as commissioners of parks of 


the city of New York. They shall be appoint- 
ed by the mayor and shall hold their respect- 
ive offices as provided in chapter IV of this 
act One of said commissioners shall be the 
president of the board, and shall be so desig- 
nated by the mayor. In appointing such com- 
missioners the mayor shall specify the bor- 
ough or boroughs in wnich they are respective- 
ly to have administrative jurisdiction, to wit; 
one in the boroughs of Manhattan and Rich- 
mond; one in the borough of the Bronx, and 
one in the boroughs of Brooklyn and Queens. 
The principal office of the deparatment of 
parks shall in the borough of Manhattan. 
There shall be a branch office in the boroughs 
of Brooklyn and the Bronx and a branch office 
may be established in the borough of Queens 
or the borough of Richmond, in the discretion 
of the board. At any time when requested so 
to do by said board, the mayor may make a 
new specification of the borough or boroughs 
in which said commissioners are respectively 
to have administrative jurisdiction. The sal- 
ary of each of said commissioners shall be 
$5,000 a year. 

Title to parks, squares and public places. 

Sec. 608. The title to each and all of the 
parks, parkways, squares and public places 
comprised within and belonging to the cor- 
poration heretofore known as the mayor, 
aldermen and commonalty of the city of New 
York, or the corporation heretofore known 
as the city of Brooklyn, or the corporation 
heretofore known as Long Island City, or the 
county of Kings, or the county of Richmond, 
or which axe owned by the county of Queens, 
and are comprised within that portion of said 
county which is included in the city of New 
York, as constituted by this act, or belong- 
ing to any of the subdivisions of said coun- 
ties, is hereby vested in the city of New York, 
as hereby constituted. 

Gifts of real and personal property. 

Sec. 609. Real and personal property may be 
granted, devised, bequeathed or conveyed to 
the city of New York, as constituted by this 
act, for the purposes of the improvement or 
ornamentation of the parks, squares or public 
places in said city, or for the establishment 
or maintenance, within the limits of any such 
park, square or public place, of museums, 
zoological, botanical or other gardens, col- 
lections of natural history, observatories or 
works of art, upon such trusts and condi- 
tions as may be prescribed by the grantors 
or donors thereof, and be accepted by the 
department; and all property so devised, 
granted, bequeathed or conveyed, and the 
rents, issues, profits and income and in- 
crease thereof shall be subject to the manage- 
ment, direction and control of the commis- 
sioner for the borough or boroughs in which 
the same is situated or to which it apper- 
tains, and except such surplus animals and 
duplicate specimens as the park board may 
deem it Judicious to dispose of by sale or 
otherwise, the same shall be forever prop- 
erly protected, preserved and arranged for 
public use and enjoyment, subject to such 
rules and regulations as the park board may 
prescribe. The said board shall hereafter, 
with its annual report, make a statement of 
the condition of all the gifts, devises and 
bequests of the previous year, and of the 
names of the persons making the same. 

General powers of the board; ordinances. 

Sec. 610. The park board shall by a vote 
of a majority of its members have power to 
establish general rules and regulations for 
the administration of the department, which 
rules and regulations so far as practicable 
shall be uniform In all the boroughs. Said 
board shall have power to appoint a secre- 


tary, and, within the limit of its appropria- 
tion, to appoint such subordinate officers as 
may be necessary for the proper conduct of 
the office of the department. The board shall 
also have power by a vote of a majority of 
its members to enact ordinances for the gov- 
ernment and protection of all parks, park- 
ways, squares and public places within the 
city, and the same shall at all times be sub- 
ject to all such ordinances as to the use and 
occupation thereof and in respect to any erec- 
tions or incumbrances thereon. Any person 
violatingany of such ordinances shall be guilty 
of a misdemeanor and shall on conviction 
before a city magistrate be punished by a 
fine not exceeding fifty dollars, or in default 
of payment of such fine by imprisonment not 
exceeding thirty days. 

Landscape architect; appointment and duties. 

Sec. 611. The board shall also appoint with- 
out definite term a landscape architect, skill- 
ed and expert, whose assent shall be requi- 
site to all plans and works or changes there- 
of respecting the conformation, development 
or«ornamentaion of any of the parks, squares, 
or public places of the city, to ihe end that 
the same may be uniform and symmetrical 
at all times. It shall 'be the duty of such ar- 
chitect, from time to time, to prepare 
and submit to the board, or to any commis- 
sion er.as he may deem proper, or as he may 
be requested by said board or by any com- 
missioner, plans for works or changes there- 
of respecting the parks, parkways, squares 
or public places of the city. The salary of 
said architect shall be fixed by the board 
within the proper appropriation. 

General powers of commissioners as to the 

management of the parks. 

Sec. 612. Subject to such general rules and 
regulations as shall be established by the 
board, each commissioner shall have charge 
of the management and be responsible for the 
care of all such parks, parkways, squares and 
public places as are situated in the borough 
or boroughs over which he has jurisdiction, 
and of the streets and avenues immediately 
adjoining the same, but such jurisdiction shall 
not extend to nor include the buildings which 
are now or may hereafter be erected in such 
parks, squares or public .places for govern- 
mental purposes, other than those of the de- 
partment of parks. It shall be the duty of 
each commissioner, subject to such general 
rules and regulations and in conformity there- 
with to maintain the beauty and utility of all 
such parks, squares and public places as are 
situated within hi6 jurisdiction, and to insti- 
tute and execute all measures for the improve- 
ment thereof for ornamental purposes and 
for the beneficial uses of the people of the 
city. Subject to the general rules and regu- 
lations established by the board, each commis- 
sioner shall have power to determine the 
line or curb and the surface construction of 
all streets and avenuee lying within a distance 
of three hundred and fifty feet from the outer 
boundaries of any park, square or public place 
In his Jurisdiction, and he shall also have 
power to plant trees and to construct, erect 
nd establish seats, drinking fountains, statues 
and works of art, -when he may deem it taste- 
ful or appropriate so to do, on any part of 
the public streets and avenues within such 
environment, subject to the provisions of title 
two of this chapter and to determine when and 
where new lamps or lighting appliances shall 
be placed and lighted. 

Maintenance and management of buildings in 

parks. 

Sec. 613. It shall be the duty of the com- 
missioner for the boroughs of Manhattan 


60 


THE CHARTER FOR THE GREATER NEW YORK. 


and Richmond to maintain the meteorological 
and astronomical observatory, the Museum 
of Natural History, the Metropolitan Muse- 
um of Art in Central park, the Aquarium in 
Battery place, and such other buildings as 
now are or may hereafter be erected in such 
parks or in any other park, square or public 
place under his jurisdiction by authority of 
the municipal assembly. It shall be the 
duty of the commissioner for the boroughs 
of Brooklyn and Queens to maintain the 
Brooklyn Institute of Arts and Sciences and 
such ether buildings as now are or may 
-hereafter be erected in any park, square or 
public place under his jurisdiction by au- 
thority of the municipal assembly. It shall 
be the duty of the commissioner for the 
borough of the Bronx to maintain the New 
York Botanical garden and the buildings 
appurtenant thereto, and such other institu- 
tions or buildings as may be established or 
erected in any park, square or public place 
in his jurisdiction by authority of the muni- 
cipal assembly. It shall be the duty of ‘the 
several commissioners to provide the neces- 
sary instruments, furniture and equipments 
for the several buildings and institutions 
within their respective jurisdictions, and, 
with the authority of the municipal assem- 
bly, to develop and improve the same, and 
te erect additional buildings; but the main- 
tenance of all such buildings and institu- 
tions shall be subject to the provisions of 
the acts incorporating said institutions, or 
either of them, and the acts amendatory 
thereof, and to the powers of said corpora- 
tions thereunder, and of the boards by such 
acts created or provided for; and shall 
also be subject to and in conformity 
with such contracts and agreements 
as have heretofore been made with 
such institutions respectively, and are 
in force and effect when this act takes 
effect, or as may be hereafter made by the 
authority of the municipal assembly, and no 
moneys shall be expended for such purposes 
unless an appropriation therefor has been 
made by the board of estimate and appor- 
tionment and the municipal assembly. Out 
of the moneys annually appropriated for the 
maintenance of parks each commissioner 
may apply such sum as shall be fixed by the 
board of estimate and apportionment, for the 
keeping, preservation and exhibition of the 
collections placed or contained in buildings 
or institutions now situated or hereafter 
erected in the parks, squares or public 
places under the jurisdiction of such com- 
missioner. 

Appointment of subordinate officers. 

Sec. 614. Each commissioner shall have pow- 
er to appoint such superin tendehte, engi- 
neers, subordinates, clerks and assistants as 
may be necessary for the efficient perform- 
ance of the duties of the department respect- 
ing the parks, squares and public places with- 
in his jurisdiction, and as may be authorized 
by the municipal assembly and provided for 
by the proper appropriation. He shall, sub- 
ject to 'the approval of the board, fix the sal- 
aries of his appointees within the limits of 
such appropriation. Each commissioner shall 
also have power to employ all of the me- 
chanics, agents or laborers needed or requir- 
ed for the work of the department in the 
parks, squares and public places in his ju- 
risdiction within the limits of the proper ap- 
propriation, and to arrange and classify the 
various appointees and employes in such man- 
ner and under such titles or designations as 
the board may prescribe. Each commissioner 
shall have in immediate charge the control 
and disposition of such members of the police 
force cif the city of New York, as constituted 


by this act, as may be assigned for duty in 
the parks, squares or public places subject 
to his Jurisdiction. 

Permits to buildings for fire apparatus. 

Sec. 615. Each commissioner is hereby au- 
thorized in his discretion, on the application 
in writing of the fire commissioner, to per- 
mit a building or buildings for fire apparatus 
to be placed in any of tbe parks, squares or 
public places situated within the jurisdiction, 
of such commissioner of parks, provided the 
same are so located and constructed as, in the 
Judgment of the commissioner granting such 
permission, will not disfigure or encumber the 
same, or interfere with the purposes c<f pub- 
lic use and recreation, but will tend to the 
protection of the public and their property. 

General powers of commissioners under former 

acts. 

See. 616. The commissioner for the boroughs 
of Manhattan and Richmond shall in addition 
to the powers, rights and duties expressly 
conferred or Imposed upon him by this act, 
possess and exercise all the powers, rights 
and duties and shall be subject to all the obli- 
gations heretofore vested in, conferred upon 
or required of the corporation known as the 
mayor, alderman and commonalty of the city 
of New York or the department of parks In 
said city, or the commissioners of parks, or 
in any other board, body or officer therein or 
thereof, or in any commission, commissioner, 
body, board or officer in or for the county of 
Richmond, so far as such powers, rights, 
duties and obligations concern or affect the 
control, care, management, government, ex- 
tension, maintenance or administrative juris- 
diction of the parks, squares and other public 
places situated or lying within the boroughs 
of Manhattan and Richmond or either of them 
at the time this act takes effect or which may 
thereafter be opened or established therein, 
so far as the same are not inconsistent with 
this act. The commissioner for the borough 
of the Bronx shall, in addition to the powers, 
rights and duties expressly conferred or im- 
posed upon him by this act, possess and ex- 
ercise all the aforesaid powers, rights, duties 
and shall be subject to all the aforesaid ob- 
ligations so far as such powers, rights, du- 
ties and obligations concern or affect the care, 
management, control, government, extension, 
maintenance or administrative jurisdiction of 
the parks, squares and other public places 
situated or lying within the borough of the 
Bronx at the time this act takes effect, or 
which may thereafter be opened or estab- 
lished therein, so far as the same are not in- 
consistent with this act. The commissioner 
for the boroughs of Brooklyn and Queens 
shall in addition to the powers, rights and 
duties expressly conferred or Imposed upon 
him by this act, possess and exercise all the 
powers, rights and duties and shall be subject 
to all the obligations heretofore vested in or 
conferred upon, or required of the corporation 
known as the city of Brooklyn, or the depart- 
ment of parks In and for said city, or the com- 
missioners of parks, or any commission, com- 
missioner, body, board or officer of said city 
or of the county of Kings, or in any commis- 
sioner, body, board or officer in or for that 
portion of the county of Queens which is In- 
cluded in the city of New York, as constituted 
by this act, so far as such powers, rights, 
duties and obligations concern or affect the 
control; care, management, government, ex- 
tension, maintenance or administrative juris- 
diction of the parks, squares and other public 
places situated or lying within the boroughs 
of Brooklyn and Queens, or either of them, 
at the time this act takes effect, or which 
may be thereafter opened or established there- 


in, so far as the same are not inconsistent 
with this act. 

Accounts; annual estimates; expenditures. 

Sec. 617. Each commissioner shall keep ac- 
curate and detailed accounts, in a form ap- 
proved by the commissioners of accounts, of 
all moneys received and expended by him, 
the sources from which they are received and 
the purposes for which they are expended, and 
shall prepare itemized monthly statements 
of all receipts and expenditures in duplicate, 
one of which statements, together with all 
vouchers, shall be filed with the controller, 
and one of which shall be filed In his own 
office. Each commissioner shall, on or be- 
fore the first day of September in each year 
prepare an itemized estimate of his necessary 
expenses for the ensuing fiscal year and pre- 
sent the same to the board. The three esti- 
mates so prepared as revised by the board 
shall together constitute the annual estimate 
of the department of parks, and shall be sub- 
mitted to the board of estimate and apportion- 
ment within the time prescribed by this act for 
the submission of estimates for the several 
departments of the city. No commissioner 
shall incur any expense for any purpose in 
excess of the amount appropriated therefor; 
nor shall he expend any money so appropriated 
for any purpose other than that for which 
It was appropriated. The commissioner for 
the boroughs of Manhattan and Richmond 
shall annually Include In his estimate of the 
amount necessary for the maintenance of the 
parks, the sums now authorized by law for 
the maintenance of the American Museum of 
Natural History and the Metropolitan Museum 
of Art, not exceeding, however, ninety-five 
thousand dollars per annum for each of the 
said museums. It Shall be the duty of the 
board of estimate and apportionment and of 
the municipal assembly to provide in the an- 
nual budget the proportionate part of the ap- 
propriation for the department of parks ap- 
plicable to the administration of the depart- 
ment in each borough of the city, borough by 
borough. 

Advertisements for supplies. 

Sec. 618. The board shall from time to time 
as may be necessary, advertise in the City 
Record and the corporation newspapers for not 
less than ten days, for proposals for such arti- 
cles and supplies as shall be necessary to be 
used in the parks, squares and public places 
of the city, and shall award contracts for the 
same to the lowest bidders who shall 
give adequate security for the faithful per- 
formance of such contracts, excepting such 
perishable articles as may be excepted by 
the rules and regulations of the board. In 
case of an emergency each commissioner may 
purchase articles immediately required with- 
out calling for competition at an expense 
not exceeding one thousand dollars during 
any one month. 

Battery place; boat landings. 

Sec. 619. The commissioner for the bor- 
oughs of Manhattan and Richmond shall have 
power and control over all that portion of 
Battery place lying south of the line of the 
south side of pier No. 1, North river, and 
west of the easterly line of West street, ex- 
tended in a southerly direction, and also over 
the waters of the North river and soil under 
the waters thereof, In front of said portion 
of Battery place, and to the extent of two 
hundred feet westerly from the westerly end 
of said Battery place; and it shall be lawful 
for such commissioner to erect, construct and 
maintain on said part of Battery place, and 
over or on the lands under water before men-' 
tioned, suitable buildings, docks, piers, or 


THE CHARTER FOR THE GREATER NEW YORK. 


67 


basins for- the accommodation of small boats 
that may be engaged in the business of at- 
tending on shipping lying In the said river, or 
the bay or harbor of New York, and also to 
make, prescribe and enforce, from time to 
time, such rules and regulations, for the use 
and enjoyment of the same, as to the com- 
missioner shall seem meet and proper for 
the public interest. Such commissioner may 
also prescribe and enforce like rules and or- 
dinances for the control and government of 
all small boats frequenting or using the water 
basin at the south end of the Battery. 

Harlem river improvement. 

Sec. 620. It shall be the duty of the commis- 
sioner for the boroughs of Manhattan and 
Richmond to continue and complete every and 
all plan or plans, work or construction, respect- 
ing the improvement of Harlem river, hereto- 
fore devolved upon the department of public 
parks of the corporation known as the mayor, 
aldermen and commonalty of the City of New 
York, by chapter five hundred and thirty- 
four of the laws of eighteen hundred and sev- 
enty-one, and by all acts or parts of acts 
amendatory thereof, so far as the same re- 
main to be continued and completed accord- 
ing to the provisions of that act or Its amend- 
ments. 

Metropolitan museum of art. 

Sec. 621. The commissioner for the bor- 
oughs of Manhattan and Richmond is hereby 
authorized and directed to continue the con- 
tract with the Metropolitan Museum of Art 
for the occupation by It of the buildings 
erected or to be erected on that portion of 
the Central park east of the old receiving 
reservoir, and bounded on the west by the 
drive, on the east by the Fifth avenue, on 
the south by a continuation of Eightieth 
street, and on the north by a continuation of 
Eighty-fifth street, and for transferring there- 
to, and establishing, and maintaining therein 
its museum, library, and collections, and car- 
rying out the objects and purposes of the 
said Museum of Art. 

American museum of natural history. 

Sec. 622. The commissioner for the bor- 
oughs of Manhattan and Richmond Is hereby 
authorized and directed to continue the con- 
tract with the American Museum of Natural 
History for the occupation by it of the build- 
ing erected, or to be erected, on that portion 
of the Central park formerly known as Man- 
hattan square, and for establishing and main- 
taining therein its museum, library and col- 
lections, and carrying out the objects and 
purposes of said museum. 

New York public library. 


the said several corporations; and said con- 
tract may provide that such use and occupa- 
tion shall continue so long as the said the 
New York public Mbrary, Astor, Lenox and 
Tilden foundations, or its successors, shall 
maintain such free library and reading room 
upon said land. 

Brooklyn institute of arts and sciences. 

Sec. 624. The commissioner for the boroughs 
of Brooklyn and Queens Is hereby authorized 
and directed to continue the contract and 
lease with the Brooklyn Institute of Arts and 
Sciences, for the occupation by it of park 
lands and of a building or buildings erected or 
to be erected on that portion of Prospect park 
bounded 'by the Eastern parkway on the north, 
Washington avenue on the east, a line paral- 
lel to Old President street, and one hundred 
feet south of the southerly line of said street, 
on the south, and on the west by the easterly 
line of land reserved for the Prospect hill 
reservoir, and in continuation thereof, for 
establishing and maintaining thereon its mu- 
seum, library and collections, and for carry- 
ing out the plans and purposes of said insti- 
tute and for the maintenance of said museum 
building or buildings, and for the keeping, 
preservation and exhibition of collections 
placed therein, a sum not lees than twenty 
thousand dollars shall be appropriated annu- 
ally by the said city of New York, as consti- 
tuted by this act. 

New York botanical garden. 

Sec. 625. The commissioner for the bor- 
ough of the Bronx is hereby authorized and 
directed to carry out the existing contract 
made by and between the department of parks 
of the corporation heretofore known as the 
mayor, aldermen and commonalty of the city 
of New York and the board of managers of 
the corporation known as the New Yor£ bo- 
tanical garden pursuant to the provisions of 
chapter two hundred and eighty-five of the 
laws of eighteen hundred and ninety- 
one, entitled “An act to provide for the 
establishment of a botanic garden and museum 
and arboretum in Bronx park in the city of 
New York ana to incorporate the New York 
botanical garden for carrying on the same." 
as amended by chapter 103 of the laws of 1894, 
which contract provides for the allotting and 
setting apart for the uses of said garden 
of two hundred and fifty acres of land or 
less in the northern part of Bronx park 
as shown upon a certain map thereof num- 
bered five hundred and sixty-eight, and sign- 
ed by Messrs. Vaux and Parsons, and filed 
with the former department of public parks 
of the corporation known as the mayor, al- 
dermen and commonalty of the city of New 
York. 


passage of this act, then and In that case 
the »vid commissioner for the borough of 
the Bronze, with the consent and approval of 
the sinking fun-a «jcc^ 3 ,issiQpers of the city 
of New York, as constituted by this act, 
is hereby authorized to enter into a contract 
in behalf of the city of New York with said 
New York Zoological society allotting and set- 
ting apart for the use of said society a tract 
of land in Bronx park in said borough of the 
Bronx upon such terms and conditions as 
shall be approved by the said commissioner 
and said sinking fund commissioners. 

Military encampments and evolutions; publio 

fairs. 

Sec. 627. No military encampment, parade, 
drill, review or other military evolution or 
exercise, shall be held or performed in any 
park, or any part thereof; nor shall any mil- 
itary company, regiment or other military 
body enter or move In military order within 
any park without permit from the commis- 
sioner within whose jurisdiction such park is 
situated. No military officer shall have au- 
thority to order, direct, or hold any such 
parade, drill, review, or other evolutions or 
exercise or encampment within said park, ex- 
cept in case of riot, Insurrection, rebellion or 
war, without such permit. It shall not be 
lawful to grant, use or occupy, for the pur- 
poses of a public fair or exhibition, any por- 
tion of any park, square or public place. 

TITLE 2. 

ART COMMISSION. 

Art commission; how constituted. 

Sec. 633. There shall be an art commission 
for the city of New York composed as fol- 
lows: 

The mayor of the city of New York, ex- 
officlo. 

2. The president of the Metropolitan Muse- 
um of i art, ex-officio. 

3. The president of the New York Publio 
library — (Astor, Lenox and Tilden founda- 
tions), ex-officlo. 

4. The president of the Brooklyn Institute 
of Arts and Sciences, ex-officio. 

One painter, one sculptor and one archi- 
tect, all residents of the city of New York; 
and three other residents of said city, none 
of whom shall be a painter, sculptor or archi- 
tect or member of any other profession in the 
fine arts. All of the six last mentioned shall 
be appointed by- the mayor from a list of not 
less than three times the number to he ap- 
pointed proposed by the Fine Arts federation 
of New York. 

In all matters of which such commission 
takes cognizance pertaining to work under 
the special charge of a commissioner or de- 
partment, the commissioner having such spec- 
ial charge shall act as a member of the com- 
mission. 

Members of commission; how chosen; vacan- 
cies, etc. 

Sec. 634. The painter, sculptor and archi- 
tect, members of the commission, shall choose 
by lot one, two and three year terms of 
office; the three other appointed members of 
the commission shall also choose by lot one, 
two and three year terms of office, and the ap- 
pointment of their successors, after the ex- 
piration of the first year of this commission, 
shall be for a term of three years. All ap- 
pointments to fill vacancies shall be for the 
unexpired term. 

In case any vacancy shall occur in the com- 
mission, by reason of death, resignation, in- 
capacity, refusal to serve, or otherwise, the 
.vacancy, sliiii ba. fiiistl by ap p ointment, u 


Sec. 623. Whenever pursuant to lawful au- 
thority, the land at present occupied by the 
reservoir at Fiifth avenue and Fortieth and 
Fcrty-soccmd streets shall he made a public 
park, and the removal of said reservoir shall 
have been duly authorized and directed, the 
commissioner for the boroughs of Manhattan 
and Richmond is hereby authorized and di- 
rected to make and enter into a contract with 
the New York public library, Astor, Lenox 
and Tilden foundations, a corporation duly 
organized under the laws of this state, for 
the use and occupation of said land, or of any 
part thereof, by the said corporation and its 
successors, for establishing and maintaining 
thereon a free public library and reading 
room, and for carrying out the objects and 
purposes of said corporation In accordance 
with the provisoes of the agreement of con- 
solidation between the trustees of the Astor 
library, of the Lenox library and of the Til- 
des trust, and the seYtv.'ai ratios 


New York zoological garden. 

Sec. 626. The commissioner for the borough 
of the Bronx is hereby authorized and directed 
to carry out the contract made by and between 
the department of public parks and the sink- 
ing fund commissioners of the corporation 
heretofore known as the mayor, aldermen and 
commonalty of the city of New York, with 
the board of managers of the corporation 
known as the New York Zoological society, 
pursuant to the provisions of chapter four 
hundred and thirty five of the laws of eighteen 
hundred and ninety-five, entitled "An act to 
incorporate the New York Zoological society 
and to provide for the establishment of a 
zoological garden in the city of New York’’ 
if such a contract shall have been entered 
into prior to the passage of this act. If no 
such contract shall have been entered into 
by the said department of parks and the 
said sinking £u»d setociisgioners bi'ior to. the 


63 


THE CHARTER FOR THE GREATER NEW YORK. 


provided in section 633 of this act. In case 
the Fine Arts federation shall fail to pre- 
sent a list of nominees as aforesaid within 
three months from the time when any ap- 
pointment is to be made, the mayor shall 
appoint without such nomination. 

Officers. 

Sec. 635. The commission shall serve with- 
out compensation as such, and shall elect 
a president, vice president and secretary 
from its own members, whose terms of office 
shall be for one year and until their suc- 
cessors are elected and have qualified. The 
commission shall have po-wer to adopt its own 
rules of procedure. Five commissioners shall 
constitute a quorum. 

Offices to be provided; expenses, how met. 

Sec. 636. Suitable offices shall be provided 
for the commission by the board of estimate 
and apportionment. The expenses of the 
commission shall be paid by the city; the 
amount of the same shall be fixed annually 
by the board of estimate and apportionment 
and the municipal assembly. 

All works of art to be submitted to and ap- 
proved by the commission. 

Sec. 637. Hereafter no work of art shall be- 
come the property of the city of New York 
by purchase, gift or otherwise, unless such 
work of art or design of the same, together 
with a statement of the proposed location of 
suoh work of art, shall first have been sub- 
mitted to and approved by the commission; 
nor shall such work of art, until so approved, 
be erected or placed in or upon, or allowed 
to extend over or upon any street, avenue, 
square, common, park, municipal building or 
other public place belonging to the city. The 
commission may, when they deem proper, 
also require a complete model of the pro- 
posed work of art to be submitted. The term 
“work of art’’ as used in this title shall apply 
to and include all paintings, mural decora- 
tions, stained glass, statues, bas-reliefs or 
other sculptures, monuments, fountains, 
arches or other structures of a permanent 
character, intended for ornament or commem- 
oration. No existing work of art in the pos- 
session of the city shall be removed, relocated 
or altered in any way without the 
similar approval of the commission, ex- 
cept as provided in section 639 of this 
act. When so requested by the mayor 
or the municipal assembly the commission 
shall act in a similar capacity, with similar 
powers, in respect of the designs of muni- 
pal buildings, bridges, approaches, gates, 
fences, lamps or other structures erected or 
to be erected upon land belonging to the city, 
and in respect of the lines, grades and plot- 
ting of public ways and grounds, and in re- 
spect of arches, bridges, structures and ap- 
proaches which are the property of any corpo- 
ration or private individual and which shall ex- 
tend over or upon any street, avenue, highway, 
park or public place belonging to the city. 
But this section shall not be construed as 
intended to impair the power of the park 
board to refuse its consent to the erection or 
acceptance of public monuments or memo- 
rials or other works of art of any sort 
within any park, square or public place in 
the city. 

Time for decision limited. 

Sec. 638. If the commission shall fail to de- 
cide upon any matter submitted to it within 
sixty days after such submission, its decision 
shall be deemed unecessary. 

Removal or relocation of works of art; duty of 

commission. 

Sec. 639. In case of the immediate removal 
«r re-location, of an^existing work of art shall 


be deemed necessary by the mayor, the com- 
mission shall within forty-eight hours after 
notice from him approve or disapprove of such 
removal or re-location, and in case of their 
failure so to act within forty-eight hours 
after the receipt of such notice, they shall be 
deemed to have approved of the same. 

CHAPTER XII. 

DEPARTflENT OF BUILDINGS. 


Appointment of commissioners; qualifications; 
jurisdiction; salaries. ^ 


Sec. 644. The head of the department of 
buildings shall be called the board of build- 
ings. Said board shall consist of three members 
to be known as commissioners of buildings. 
They shall be appointed by the mayor and 
shall hold their respective offices as provided 
in chapter IV of this act. Each of said com- 
missioners shall be a competent architect or 
builder of at least ten years’ experience. One 
of said commissioners shall be the president 
of the board, and shall be so designated by the 
mayor. In appointing such commissioners the 
mayor shall specify the borough or boroughs 
in which they are respectively to have ad- > 
ministrative jurisdiction, to wit: One in the 
boroughs of Manhattan and the Bronx; one in 
the borough of Brooklyn, and one in the bor- 
oughs of Queens and Richmond. The princi- 
pal office of the department of buildings shall 
be in the borough of Manhattan. There shall 
be a branch office in the borough of Brooklyn 
and a branch office may be established in any 
of the other boroughs, in the discretion of the 
board. The salary of the commissioner of 
buildings for the boroughs of Manhattan and 
the Bronx, and the salary of the commissioner 
of buildings for the borough of Brooklyn, shall 
n each case be $7,000 a year. The salary of the 
commissioner of buildings for the boroughs of 
Queens and Richmond shall be $3,500 a year. 


Rules and regulations. 

Sec. 645. The board shall have the power, 
by a vote of a majority of its members, to es- 
tablish general rules and regulations for the 
administration of the department, and such 
other rules and regulations as were authorized 
by law at the time of the passage of this act 
to be established by the superintendent of 
buildings in the city of New York, or by the 
commissioner of the department of buildings 
in the city of Brooklyn, as said cities were 
formerly constituted. Such rules and regula- 
tions shall, so far as practicable, be uniform 
in all the boroughs, but the board shall have 
power, from time to time, to amend or repeal 
such rules and regulations when in the opin- 
ion of a majority of the commissioners it 
shall seem necessary or desirable. The board 
shall also have power to appoint a secretary, 
and within the limits of its appropriation to 
appoint such subordinate officers as may be 
necessary for the proper conduct of the office 
of the department. 

General powers of commissioners under exist- 
ing laws. 

Sec. 646. The commissioner for the boroughs 
of Manhattan and the Bronx shall within such 
boroughs in addition to the powers, rights 
and duties expressly conferred or imposed 
upon him by this act possess and exercise all 
the powers, rights and duties and shall be 
subject to all the obligations heretofore vested 
in, conferred upon or required of the depart- 
ment of buildings or the superintendent of 
buildings in the city of New York as hereto- 
fore constituted, except in so far as the same 
are inconsistent with or are modified by this 
act. The commissioner for the borough of 


Brooklyn shall within such borough in addi- 
tion to the powers, rights and duties express- 
ly conferred or imposed upon him by this act 
possess and exercise all the powers, rights 
and duties, and shall be subject to all the 
obligations heretofore vested in, conferred 
upon or required of the department of build- 
ings or the commissioner of the department of 
buildings in the city of Brooklyn as heretofore 
constituted, except in so far as the same are 
Inconsistent with or are modified by this act. j 
The commissioner for the boroughs of Queens 
and Richmond shall within such boroughs re- j 
spectively in addition to the powers, rights j 
and duties expressly conferred or Imposed j 
upon him by this act possess and exercise all 
the powers, rights and duties and 6hall be 
subject to all the obligations heretofore vested j 
in, conferred upon or required of any depart- I 
ment, commission, board or officer of Long J 
Island City as heretofore constituted, or o* 
any town or village as heretofore constituted 
which Is comprised within that portion of the 
county of Queens included in the city of New 
York as constituted by this act, or which is 
vested in, conferred upon or required of any 
department, commission, board or officer of 
any town or village in the county of Rich- 
mond as heretofore constituted, so far as 
such powers, rights, duties and obligations 
concern, affect or relate to the construction, i 
alteration or removal of any building or 
structure erected or to be erected within said 
boroughs or either of them, except In so far 
as the same are inconsistent with or are 
modified by this act. 

Continuation and repeal of existing laws; build - 

ing code. 

Sec. 647. The several acts In effect at the 
time of the passage of thi3 act concerning, 
affecting or relating to the construction, al- ; 
teratlon or removal of buildings or other 
structures in any cf the municipal and public 
corporations included within the city of New 
York, as constituted by this act, are hereby 
continued in full force and effect in such mu- 
nicipal and public corporations respectively, 
except in so far as the same are inconsistent 
with or are modified by this act, provided, 
however, that the municipal assembly shall 
have power to establish, and from time to 
time to amend a code of ordinances, to be 
known as the Building Code, providing for 
all matters concerning, affecting or relating 
to the construction, alteration or removal of 
buildings or structures erected or to be erect- 
ed in the city of New York, as constituted 
by this act, and for the purpose of preparing 
such oode to appoint and employ a commis- 
sion of experts; and provided further that 
upon the establishment of such code the sev- 
eral acts first above mentioned shall cease to 
have any force or effect, and are hereby re- 
pealed, but such repeal shall not take effect 
until such building code shall be estab- 
lished by the municipal assembly as herein 
provided. 

The provisions of such building code 
shall be in conformity with and be subject to 
all general laws of the state concerning, af- 
fecting or relating to buildings or classes of 
buildings, or other structures. 

Duties of commissioners; appointment and re- 
moval of subordinates. 

Sec. 648. Each commissioner shall, within 
the borough or boroughs in which he is ap- 
pointed to exercise administrative jurisdic- 
tion, have charge of the administration of, 
and it shall be his duty, subject to and in 
accordance with the general rules and regu- 
lations established by the board, to enforce 
such rules and regulations and the pro- 
visions of this chapter and of such ordi- 


THE CHARTER FOR THE GREATER NEW YORK. 


69 


nances as may be established by the mu- 
nicipal assembly and of the laws relating 
to the construction, alteration or removal of 
buildings or other structures erected or to 
be erected within such borough or boroughs. 
Each commissioner within the limits of his 
appropriation shall have power to appoint 
and at pleasure to remove subordinate offi- 
cers, as follows: Such superintendents of 
buildings, and such inspectors of buildings, 
engineers, clerks, messengers, assistants and 
other subordinates as in his judgment may be 
necessary and proper to carry out and enforce 
such rules and regulations and ordinances 
;and the provisions of said laws and of this 
chapter within the borough or boroughs un- 
der his jurisdiction. The superintendents of 
buildings shall each be a competent arohi- 
| tect, engineer or builder of at least ten 
j years’ practice. The inspectors shall be com- 
petent men, either architects, engineers, ma- 
sons, carpenters, plumbers or iron workers, 
who shall have ; served at least five years as 
such. It shall not he lawful for any officer 
or employe in the department to be engaged 
in conducting or carrying on business as an 
architect, civil engineer, carpenter, plumber, 
iron worker, mason or builder while holding 
office in the department. Each commissioner 
^hall have power to designate in writing one 
of the superintendents of buildings or any of 
the inspectors so appointed by him to act 
on any survey authorized by law, or to per- 
form such other duties as the said commis- 
sioner may direct. Each commissioner may 
designate a superintendent of buildings, who, 
during the absence or inability of such com- 
missioner shall possess all the powers and 
perform all the duties of such commissioner. 
Any employe, for any neglect of duty, or 
omission, to property perform his duty, or 
violation of rules, or neglect or disobedience 
of orders, or incapacity, or absence without 
leave, may be punished by the commissioner 
appointing him by forfeiting and withhold- 
ing pay for a specified time, or by suspension 
from duty with or without pay; but this pro- 
vision shall not be deemed to abridge the 
right of said commissioner to remove or dis- 
miss any inspector of buildings or other sub- 
ordinate appointed by him or by any prede- 
cessor in office from the service of the de- 
partment at a'ny time in his discretion. 

Decisions of commissioners; appeals. 

Sec. 649. Each commissioner shall have 
, power and it shall be his duty, subject to the 
provisions of law and the ordinances of the 
municipal assembly and the general rules and 
regulations established by the board, to pass 
upon any question relative to the mode, man- 
i ner of construction or materials to be used 
; in the erection or alteration of any building 
1 or other structure erected or to be erected 
| within the borough or boroughs under his 
i Jurisdiction which is included within the 
: provisions of this chapter or of any existing 
j law applicable to such borough or boroughs 
relating to the construction, alteration or re- 
moval of buildings or other structures, and to 
require 'that such mo.de, manner of construc- 
tion, or materials shall conform to the true 
Intent and meaning of the several provisions 
of this chapter and of the laws and ordinances 
aforesaid and the rules and regulations estab- 
lished by the board. Whenever a commission- 
er to whom such question has been submitted 
shall reject or refuse to approve the mode, 
manner of construction or materials proposed 
to be followed or used in the erection or al- 
teration of any such building or structure, 
or when it is claimed that the rules and reg- 
ulations of the board or the provisions of law 
or of said ordinances do not apply or that 
an equally good and more desirable form of 
construction can be employed in. any specific 


case, the owner of such building or structure, 
or his duly authorized agent, may appeal 
from the decision of such commissioner to the 
board in any case where the amount involved 
by such decision shall exceed the sum of one 
thousand dollars; provided, however, that in 
the boroughs of Manhattan and the 
Bronx such appeal shall be taken to the 
board of examiners, established by chapter 
four hundred and fifty-six of the laws of 
eighteen hundred and eighty-five and the 
several acts amendatory thereof or supple- 
mental thereto. The commissioner for the bor- 
oughs of Manhattan and the Bronx shall be 
ex-officio a member and the chairman of said 
board of examiners. The other members of 
said board of examiners shall be the persons 
mentioned and described in section thirty-one 
of said chapter four hundred and fifty-six of 
the laws of eighteen hundred and eighty- 
five. The appeal authorized by this 
section may be taken within ten days 
from the entry of a decision upon 
the records of the commissioner by filing 
with the commissioner^ rendering such decis- 
ion and with the secretary of the board estab- 
lished by this act or with the clerk of the 
board of examiners, as the case may be, a no- 
tice of appeal stating specifically the ques- 
tions which the appellant desires to have 
passed upon by the board of buildings or by 
the beard of examiners, as the case may be, 
and by filing with the secretary of the board 
of buildings or the clerk of the board of ex- 
aminers, as the case may he, copies of all pa- 
pers required by law or by the rules and regu- 
lations of the board of buildings to be sub- 
mitted to the commissioner upon an applica- 
tion for a building permit, and the board of 
buildings or the board of examiners, as the 
case may be, shall thereafter fix a day within 
a reasonable time for the hearing of such 
appeal, and upon such hearing the appellant 
may be represented either in person or by his 
agent or attorney. The decision of the board 
of buildings or the board of examiners, as the 
case may be, upon such appeal, shall be ren- 
dered without unnecessary delay and such de- 
cision shaill be final. 

Power to vary the provisions of law. 

Sec. 650. Each commissioner shall have pow- 
er, with the approval of the board, to vary or 
modify any rule or regulation of the board or 
the provisions of this chapter or of any exist- 
ing law or ordinance relating to the construc- 
tion, alteration or removal of any building or 
structure erected or to be erected within his 
jurisdiction upon an application to him there- 
for in writing by the owner of such building 
or structure or his duly authorized agent, 
where there are practical difficulties in the 
way of carrying out the strict letter 
of the law, so that the spirit of the 
law shall be observed and public safe- 
ty secured and substantial justice done; 
but no such variation or modification shall be 
granted or allowed except by a vote of a ma- 
jority of the board. Where such appli- 
cation has been filed with a commissioner the 
owner of such building or structure or his 
duly authorized agent shall have the right 
to present a petition to such commissioner 
and the board, setting ‘forth the grounds 
for the desired variation or modification, and 
may appear before said board and be heard. 
The board shall fix a date within a reasonable 
time for a hearing upon such application and 
shall as soon as practicable render a decision 
thereon, which decision shall be final. The 
particulars of each such application and of the 
decision of the board thereon shall be entered 
upon the records of the board, and if the appli- 
cation is granted a certificate therefor shall 
be issued by the commissioner to .whom the 


application is made and shall be countersigned 
by the secretary of the board. 

Accounts; annual estimates; expenditures. 

Sec. 651. Each commissioner shall keep ac- 
curate and detailed accounts, in a form to be 
approved by the commissioners of ac- 
counts, of all moneys received and ex- 
pended by him, the sources from which 
they are received and the purposes for 
which they are expended, and shall prepare 
itemized monthly statements of all receipts 
and expenditures in duplicate, one of which 
statements, together with all vouchers, shall 
be filed with the controller, and one of which 
shall be filed in his own office. Each com- 
missioner shall, on or about the first day of 
September in each year prepare an itemized 
estimate of his necessary expenses for the 
ensuing fiscal year and present the 
same to the board. The three esti- 
mates so prepared as revised by the 
board shall together constitute the annnal 
estimate of the department of buildings, and 
shall be submitted to the board of estimate 
and apportionment within the time prescribed 
by this act for the submission of estimates 
for the several departments of the city. No 
commissioner shall incur any expense for any 
purpose in excess of the amount appropriated 
therefor; nor shall he expend any money 
so appropriated for any purpose other thaa 
that for which it w r as appropriated. 

Record of applications. 

Sec. 652. Each commissioner shall keep a 
record of all applications presented to him 
concerning, affecting or relating to the con- 
struction, alteration or removal of buildings 
or other structures. Such record shall include 
the date of the filing of each such application; 
the name and address of the applicant; the 
name and address of the owner of the land on 
which the structure mentioned in such appli- 
cation is situated; the names and addresses 
of the architect and builder employed there- 
on; a designation of the premises by street 
number, or otherwise sufficient to identify 
the same; a statement of the nature and pro- 
posed use of such structure; and a brief 
statement of the nature of the application, 
together with a memorandum of the decision 
of the commissioner upon such application 
and the date of the rendition of such decision. 
The books containing such records are hereby 
declared to be public records, and shall be 
open to inspection at all reasonable times. 

CHAPTER XIII. 

DEPARTHENT OF PUBLIC 
CHARITIES. 

Jurisdiction; salary. 

See. 658. The head of the department of pub- 
lic charities shall be called the board of pub- 
lic charities. Said board shall consist of three 
commissioners, who shall 'be designated com- 
missioners of public charities cf the city of 
New York. They shall be appointed by the 
mayor and hold their respective offices, as 
provided in chapter IV of this act. One of 
said commissioners shall be the president of 
said board, and shall be eo designated by the 
mayor. In appointing such commissioners 
the mayor shall specify the 'borough or bor- 
oughs i’n which they are respectively to 
have administrative jurisdiction, to wit: One 
in the boroughs of Manhattan and the Bronx; 
one in the boroughs of Brooklyn and Queens; 
one in the borough of 'Richmond. The salary 
of the commissioner for the boroughs of Man- 
hattan and the Bronx, and of the commis- 
sioner for the boroughs of Brook lyn amt 


70 


THE CHARTER FOR THE GREATER NEW YORK. 


Queens shall in each case be seven thousand 
five hundred dollars a year. The salary of 
the commissioner for the borough of Rich- 
mond shall be two thousand five hundred dol- 
lars a year. The principal office of 'the de- 
partment shall 'be In the borough of Manhat- 
tan. There shall be a branch office in each of 
the other boroughs. 

Rules and regulations; subordinate officers. 

Sec. 659. The said board shall by a vote of 
a majority of Its members have power to es- 
tablish general rules and regulations for the 
administration of the department and the 
government of the institutions under the 
Jurisdiction of said several commissioners, ex- 
cept the institutions specified In section 661 
of this act, and such general rules and regu- 
lations shall be so far as practicable uniform 
in all the boroughs. Subject to such general 
rules and regulations each commissioner shall 
have jurisdiction over the several classes of 
public institutions hereinafter specified which 
are situated or may hereafter be established 
within the borough or boroughs for which he 
is appointed. The commissioner for the bor- 
oughs of Manhattan and the Bronx, and the 
commissioner of the boroughs of Brooklyn and 
Queans, shall each have power to appoint and 
at pleasure to remove a deputy. Each dep- 
uty so appointed shall during the absence or 
disability of the commissioner appointing 
him possess all the powers and perform all 
the duties of such commissioner, except the 
powers conferred by sections 661 and 664 of 
this act. Whenever such absence or disabil- 
ity shall continue for five days, or in the 
Judgment of the mayor It is necessary, either 
of the other commissioners may be designated 
by him to exercise such powers. The board 
of estimate and apportionment and the mu- 
nicipal assembly may from time to time pro- 
vide for additional deputies in the last named 
boroughs and also for a deputy in the bor- 
ough of Richmond. Any deputy to serve in 
the borough of Richmond shall be appointed by 
the commissioner having administrative jur- 
isdiction therein, and shall be subject to re- 
moval at his pleasure. Each of the commis- 
sioners, within the limits of his appropria- 
tion, shall have power to appoint and at pleas- 
ure to remove such subordinate officers and 
assistants as may be necesisary for the efficient 
performance of his duties as such commis- 
sioner. The board shall have power to ap- 
point a secretary, and, within the limit of 
its appropriation, to appoint such subordin- 
ate officers as may be necessary for the prop- 
er conduct of the office of the department. 

Public institutions under the jurisdiction of the 

commissioners. 

Sec. 660. Each commissioner shall have juris- 
diction over and it shall be bis duty 'to taike 
charge of and to establish and enforce rules and 
regulations, not inconsistent with the general 
rules and regulations established by the beard, 
for the government of the following described 
classes of public institution's situated within 
the borough or boroughs for which he is ap- 
pointed, viz.: all hospital's, asylums, alms- 
houses and ether institutions belonging to or 
hereafter acquired or established by the city 
of New York, which are or stall be devoted to 
the care of the feeble minded, the sick, the in- 
firm and the destitute: except hospital wards 
attached to penitentiaries and to other prisons 
and institutions under the jurisdiction of the 
department of correction ; and except such hos- 
pitals as are or may hereafter be established 
and conducted by the department of health, 
pursuant to law; and except the house of 
refuge for juvenile delinquents and the house 
of detention for witnesses; and except the 
Island known as Ward's island and the build- 


ings and improvements thereon, and the equip- 
ment, fixtures and furniture of the asylums 
for the Insane on said island during the con- 
tinuance of the lease thereof heretofore made 
by the city of New York to the state of New 
York. Such buildings and grounds on Black- 
well’s island as ere now used for the core of 
the insane pursuant to the provisions of chap- 
ter two of the laws of eighteen hundred and 
ninety-six shall, when the insane shall have 
been removed therefrom, be under the juris- 
diction of the commissioner of public chari- 
ties for the boroughs of Manhattan and the 
Bronx; and the buildings and grounds, to- 
gether with the equipments, fixtures and fur- 
niture of the buildings new leased to. the state 
by the county of Kings for the care of the in- 
sane, shall, when said lease expires, be under 
the jurisdiction of the commissioner o-f public 
charities for the boroughs of Brooklyn and 
Queenis. 

Payments to private institutions. 

Sec. 661. No payment shall he made by 
the city of New York to any charitable, elee- 
mosynary or reformatory institution wholly 
or partly under private control, for the care, 
support, secular education, or maintenance 
of any child surrendered to such institution 
or committed to, received or retained therein, 
in accordance with sections 664, 665, 666 
and 667 of this act, except upon the certificate 
of the commissioner having administrative 
jurisdiction that such child has been received 
and is retained by such institution pursuant 
to the rules and regulations established by 
the state board of charities. Moneys paid by 
the city of New York to any such institution 
for the care, support, secular education or 
maintenance of its inmates shall not be ex- 
pended for any other purpose. Whenever 
the commissioner shall decide, after reason- 
able notice to the institution and a hearing, 
that any such child as aforesaid who is re- 
ceived and retained in such institution is not 
a proper charge against the public, and notice 
of such decision in writing is given by him to 
such institution, thereupon all right on the 
part of said institution to receive compensa- 
tion from the city for the further retention 
of the child shall cease. He shall file in the 
office of the department in the borough with- 
in which the institution is situated, a state- 
ment of the reasons for his decision and of 
the facts upon which it is founded, and shall 
furnish a copy to the institution where the 
child is detained. His decision may be re- 
viewed on certiorari by the supreme court. 

Powers of commissioners as to destitute and 

other persons. 

Sec. 662. The commissioner for the bor- 
oughs of Manhattan and the Bronx shall 
within said boroughs have all tho authority 
concerning the care, custody and disposition 
of insane, feeble-minded, sick, infirm and des- 
titute persons which the commissioners of 
public charities of the corporation known as 
the mayor, aldermen and commonalty of the 
city of New York had at the time of the 
taking effect' of this act, and shall be subject 
to the same obligations and discharge the 
same duties in respect to such persons, ex- 
cept in so far as the same are inconsistent 
with or are modified ‘by this act. The commis- 
sioner for the boroughs of Brooklyn and Queens 

shall within said boroughs have all the au- 
thority concerning the care, custody and dis- 
position of such persons which the board of 
charities and correction of the city of Brook- 
lyn and county of Kings as formerly constitut- 
ed, or the superintendent of the overseers of the 
poor of the county of Queens, had at the time 
of the passage of this act and shall be subject 
to the same obligations and discharge the 


same duties in respect to such persons, ex- 
cept in so far as the same are inconsistent 
with or are modified by this act. The commis- 
sioner for the borough of Richmond shall with- 
in said borough have all the authority concern- 
ing the care, custody and disposition of such 
persons which the superintendent and over- 
seers of the poor of the county of Richmond 
had at the time of the passage of this act, 
and shall be subject to the same obligations 
and discharge the same duties in respect to 
such persons, except in so far as the same are 
inconsistent with or are modified by this 
act. The said several commissioners 
shall be the overseers of the poor of the 
city of New York, as constituted by this act. 
No commissioner shall have power to dis- 
pense any form of outdoor relief except as 
provided in this chapter, but each com- 
missioner shall have power to pay for the 
cost of the removal or transportation of any 
person who may come under his charge when- 
ever in his judgment the city will thereby be 
relieved from an unnecessary or improper 
charge. 

Each commissioner in his borough or bor- 
oughs shall make provision for the temporary 
care of vagrant and indigent persons, and 
shall provide for an investigation into the cir- 
cumstances of all such persons, and shall 
cause every person who is found upon inves- 
tigation to be a vagrant, to bo brought be- 
fore a magistrate pursuant to law. The board 
of estimate and apportionment and the mu- 
nicipal assembly shall in each year appropri- 
ate such sum as in their judgment may bo 
necessary to carry out the provisions of this 
section. 

Classification and instruction of inmates. 

Sec. 663. It shall he the duty of each com- 
missioner to cause all the inmates of public 
institutions under his charge to be classified 
so far as practicable. Destitute children shall 
he kept apart from criminal children, so that 
youthful and less hardened Inmates shall not 
be rendered more depraved by association 
with and the evil example of older and more 
hardened inmates. Each commissioner may 
establish ard maintain in the public institu- 
tions under his charge such schools or classes 
for the Instruction and training of inmates as 
may be authorized by the hoard of estimate 
and apportionment and the municipal assem- 
bly. 

Powers of commissioners as to destitute and 

other children. 

Sec. 664. Each commissioner shall have pow- 
er to commit, to indenture, place out, dis- 
charge or transfer any child who may be in 
his custody whenever in his judgment it shall 
be for the best interests of such child so to 
do, and he and his successors in office shall 
have power to revoke and cancel any such in- 
denture or agreement and to make contracts 
for the maintenance of any such child in ac- 
cordance with the general rules and regula- 
tions of the board; but in Indenturing, plac- 
ing out, transferring or committing any such 
ohlld such commissioner shall, when practic- 
able, indenture or place out such child with 
an Individual of the like religious faith as the 
parents of such child, cr transfer or commit 
such child to an Institution governed by per- 
sons of the same religious faith. In respect to 
such minors so committed to or otherwise 
placed under his charge each commissioner 
shall in his borough or boroughs have such 
additional powers as are at the time of the 
taking effect of this act vested by law in 
the corresponding officers of the corpora- 
tion known as the mayor, aldermen and com- 
monalty of the city of New York, of the cor- 
poration known as the city of Brooklyn, and 
of the counties of Kings, Richmond and 


THE CHARTER FOR THE GREATER NEW YORK. 


71 


Queens, mentioned in section of 662 of this 
act. 

Notice of commitment of children. 

Sec. 665. Whenever any child actually or 
apparently under the age of sixteen years is 
brought before any court or magistrate in 
the city of New York, as constituted by this 
act, pursuant to section eight hundred and 
eighty-eight of the code of criminal procedure, 
or is found destitute of means of support, 
the magistrate presiding or before whom such 
child is brought shall thereupon fix a day not 
more than three days distant for the hearing 
and final disposition of the charge against 
such child, and shall, at the same time, in ad- 
dition to such other notices as may be re- 
quired by law r , give notice, in writing, of 
such arrest to the commissioner of public 
charities of the borough in which said arrest 
Is made, and to the Society for the Prevention 
of Cruelty to Children, if there shall be one 
Incorporated In the borough, which notice 
shall state the name of the child. Its age, 
either actual or apparent, its sex, color, birth- 
place, residence, father’s name, mother’s 
name, parents’ religion and parents’ occu- 
pation, each, if known; the specific charge 
upon which the arrest is made, the name of 
the officer making the arrest and the name 
and address of the complaining witness, if any 
there be. And such court or magistrate may 
temporarily commit such child to the custody 
and care of an institution to which said court 
or magistrate is authorized by law to make 
final commitment. 

Children committed as public charges; investi- 
gation. 

Sec. 666. It shall be the duty of the com- 
missioner so notified to Investigate forthwith 
the charge against such child. The commis- 
sioner may appear either by clerk or by coun- 
sel on all hearings in such proceeding, and 
shall on or before the final hearing therein file 
with the court or magistrate a statement in 
writing of such fact or facts as in the opin- 
ion of the commissioner render it proper or 
Improper that such child should be supported 
as a public charge at the expense of the city; 
and such written statement of fact or facts 
when so filed shall be preserved with and 
form a part of the record of the proceedings 
instituted by the arrest of such child. Omis- 
sion or failure to file such statement shall 
not be ground for delaying the final decision. 

Term of commitment of children; discharge , 

Sec. 667. The term of commitment of each 
child committed in the city of New York, as 
constituted by this act, under any of the pro- 
visions of sections 664, 665 and 666 of this 
act, shall 'b6 until such child shall attain the 
ago of sixteen years, or until it shall be duly 
Indentured or placed out as an apprentice by 
the institution to which it shall have 'been 
committed, or until it shall be given over in 
adoption by said institution to some suitable 
person, or until otherwise discharged. Each 
institution mentioned in section 661 of this 
act, shall file with the commissioner on or 
before July 1, 1898, a list of all the children 
therein referred to in sections 661, 664, 665 
and 666 of this act, which list shall contain 
the names and residence of the parents and 
guardians of the children as far as known. 
Every three months thereafter each such in- 
stitution shall file a similar list of all such 
children received, discharged or otherwise dis- 
posed of in the interval. 

Saving clause as to certain existing laws. 

Sec. 668. Nothing contained in the forego- 
ing sections shall be construed to alter or 
affect any provision of chapter one hundred 
and seventy -it wo of the Laws of eighteen hun- 


dred and sixty-five, or of chapter four hundred 
and thlrty-ni'ne of the laws of eighteen hun- 
dred and ninety-two, or of chapter three 
hundred and fifty-three of the laws of eighteen 
hundred and eighty-six. 

Record of inmates of institutions. 

Sec. 669. It shall he the duty of each com- 
missioner to keep and preserve a proper rec- 
ord of all persons who shall oome under his 
care or custody and cf the disposition made 
of such persons, with full particulars as to 
the name, age, sex, color and nativity of each, 
and in case of minors the names and resi- 
dence of parents and their religious faith so 
far as ascertained, and 'the religious faith and 
residence of the person or families with whom 
or of the persons in charge cf the institution 
in which they are placed, together with copies 
of any instrument cf indenture or agreement 
executed by such commissioner. 

Temporary care in accident cases. 

Sec. 670. Any person injured or 'taken sick 
on the streets or in any public place within 
said city, who may not be safely removed to 
his or her home, may be 6ent to and shall be 
received in any public hospital within said 
city, for temporary care and treatment, ir- 
respective of his or her place of residence. 

Temporary care of the insane. 

Sec. 671. Each commissioner shall provide 
and maintain suitable rooms or wards for the 
reception, medical examination and temporary 
care of persons alleged to be insane. 

Alteration and repair of buildings. 

Sec. 672. Each commissioner, subject to the 
approval of the board, whenever the increase 
of inmates in or the proper care and govern- 
ment of the public institutions or establish- 
ments under his jurisdiction shall in his judg- 
ment render it necessary or expedient, shall 
have power to enlarge or alter the buildings 
occupied by such institutions or establish- 
ments or any of them; and shall also have 
power to make all needful repairs to buildings 
and property under his control, provided that 
an appropriation has been made therefor. 

Potter's field. 

Sec. 673. Each commissioner, except the 
commissioner of the boroughs of Manhattan 
and the Bronx, shall have charge of the pot- 
ter’s field or fields situated in the borough or 
boroughs for which he is appointed, and each 
and every commissioner shall, when the ne- 
cessity therefor shall arise, have power to lay 
out a potter’s field or other public burial place 
for the poor and strangers, within the bor- 
ough or boroughs for which he is appointed, 
and from time to time to Inclose and extend 
the same, to make Inclosures therein and to 
build vaults therein, and to provide all nec- 
essary labor therefor and for interments there- 
in. 

Accounts; annual estimates; expenditures. 

Sec. 674. Each commissioner shall keep ac- 
curate and detailed accounts, in a form 
approved by the controller, of all mon- 
eys received and expended by him, the 
sources from which they are received and 
the purposes for which they are expended, 
and shall prepare Itemized monthly state- 
ments of all receipts and expenditures In 
duplicate, one of which statements, to- 
gether with all vouchers, shall be filed 
with the controller, and one of which shall 
be filed in his own office. Each commissioner 
shall, on or before the first day of September 
In each year prepare an itemized estimate of 
his necessary expenses fir the ensuing fiscal 
year and present the same to the board. The 


three estimates so prepared as revised by the 
board shall together constitute the annual es- 
timate of the department of public charities, 
and shall be submitted to the board of esti- 
mate and apportionment within the time pre- 
scribed by this act for the submission of esti- 
mates for the several departments of the city. 
No commissioner shall incur any expense for 
any purpose in excess of the amount appropri- 
ated therefor; nor shall he expend any money 
so appropriated for any purpose other than 
that for which :',c was xpproprlated. 

Advertisements for supplies. 

Sec. 675. The board shall from time to time 
as may be necessary advertise in the City 
Record and the corporation newspapers for 
not less than ten days for proposals for 
such articles and supplies as shall be neces- 
sary to be used in and for the relief and sup- 
port of the poor of the city and shall award con- 
tracts for the same to the lowest bidders who 
shall give adequate security for the faithful 
performance of such contracts, excepting such 
perishable articles as may be excepted by the 
rules and regulations of the board. In case 
of an emergency each commissioner may pur- 
chase articles immediately required without 
calling for competition at an expense not ex- 
ceeding one thousand dollars during any one 
month. 

Expenditures for the relief of the blind. 

Sec. 676. The commissioners are hereby 
authorized and empowered to insert in their 
annual estimate of expenditures an item of 
expenditure for the relief of the poor adult 
blind not to exceed in all $75,000. Under such 
rules and restrictions as the board may deem 
necessary, each commissioner shall distribute 
the sum so appropriated each year and as- 
signed for use in his jurisdiction, in uniform 
sums not to exceed $100 to any one person, to 
such poor adult blind persons not inmates of 
any of the public or private institutions in 
the city of New York who shall be in need of 
relief and who shall be citizens of the United 
States and shall have been residents of said 
city continuosly for two years previous to the 
date of application for such relief. 

Detail of inmates of correctional institutions 

to work in department. 

Sec. 677. The commissioner of the boroughs 
of Manhattan and the Bronx may from time 
to time in his discretion request the depart- 
ment of correction to detail and designate 
inmates of the correctional institutions on 
Blackwell’s island to perform necessary 
work, labor and services in and upon the 
grounds and buildings which are under the 
charge of the said commissioner on Black- 
well's island or Randall’s island; and such 
inmates of such correctional institutions 
when so employed shall at all times be under 
the personal oversight and direction of a 
keeper or keepers from such correctional 
institutions as the department at correction 
may deem necessary; but no inmate of any 
correctional institution shall be employed Ln 
any capacity whatever in any ward of any 
hospital while such ward is being used for 
hospital purposes; and in like manner the 
commissioners for the boroughs of Brooklyn 
and Queens, and for the borough of Rich- 
mond may request the department of correc- 
tions to make a like detail or designation 
when the persons so detailed or designated 
can be properly guarded and restrained. 

Care of non-residents in Bellevue and Kings 

county hospitals. 

Sec. 678. The commissioner of public 
charities for the boroughs of Manhattan and 


73 


THE CHARTER FOR THE GREATER NEW YORK. 


the Bronx is hereby authorized in his dis- 
cretion to permit the reception and treat- 
ment in Bellevue hospial of persons who do 
not reside in the city of New York, provided 
that every person so' receiving treatment shall 
be required to pay such sum for board and 
attendance as may be fixed by such com- 
missioner. And in like manner the commis- 
sioner for the boroughs of Brooklyn and 
Queens may permit the reception and treat- 
ment of such persons in the hospital now- 
known as the Kings County hospital. Such 
commissioner shall collect and pay over all 
such moneys to the chamberlain once every 
month, and the amount so collected shall 
be paid into the general fund. Each commis- 
sioner shall upon making such payments to 
the chamberlain report the same to the con- 
troller of the city of New York. 

Requisitions of subordinate officers. 

Sec. 679. Each superintendent, warden or 
chief officer of every institution under the 
charge of any commissioner shall make his 
requisition in writing on such commissioner 
for all articles deemed necessary by the 
said officer to be used in the respective insti- 
tutions under his charge, and shall keep an 
accurate account of the same. 

Reports of subordinate officers. 

Sec. 680. Each such superintendent, warden 
or other chief officer of every institution under 
the charge of any commissioner shall once in 
each week report in writing to such com- 
missioner the number of persons who have 
been received or transferred, who are sick, 
who have died and who are remaining in the 
respective institutions under his charge, the 
discipline which has been maintained therein, 
the punishments imposed, and the quantity 
and kind of labor performed, and such other 
information as the commissioner may require. 

Employment of inmates; articles manufactured; 

cultivation of lands. 

Sec. 681. Every inmate of an almshouse 
whose age and health will permit, shall be 
employed in cultivating the grounds under 
the control of the commissioner of the bor- 
ough in which such almshouse is situated or 
in manufacturing such articles as may be re- 
quired for ordinary use in the public institu- 
tions under the control of such commissioner, 
or for the use of any department of the city of 
New York, or in preparing and building sea 
walls upon islands or other places belonging 
lo the city, or at such mechanical or other 
labor as shall be found from experience to 
suit the capacity of the individual. The ar- 
ticles raised or manufactured by such labor 
shall be subject to the order of and shall 
be placed under the control of the commis- 
sioner having jurisdiction, and all such ar- 
ticles shall be utilized in the public institu- 
tions under the charge of the department of 
charities or in some other department of the 
city. All the lands underthe jurisdiction of any 
commissioner, not otherwise occupied or util- 
ized and which are capable of cultivation shall 
in the discretion of such commissioner be 
used for agricultural purposes. 

Hours of labor; discipline. 

Sec. 682. The hours of labor required of any 
pauper or other person committed to or placed 
under the charge of a commissioner of public 
charities shall be fixed by the board and shall 
not exceed eight hours per day for each such 
person. In case any such pauper shall ne- 
glect or refuse to perform the work allotted 
to him or her by the person in charge, or shall 
violate the rules and regulations of the insti- 


tution, it shall be the duty of the superinten- 
dent of the almshouse to report such insub- 
ordination or violation to the commissioner 
having jurisdiction, who may thereupon di- 
rect the punishment of such pauper by soli- 
tary confinement and by being fed on bread 
and water only for such length of time as he 
may consider necessary; and In case any 
pauper shall neglect to perform the work as- 
signed to him or her, or be guilty of any such 
violation on three or more separate occosions, 
the said commissioner may cause such pauper 
to be brought before the proper court or mag- 
istrate, and such court or magistrate may 
commit such pauper to the workhouse or pen- 
itentiary as a disorderly person. 

Support of poor persons by relatives. 

Sec. 683. The father, mother, children and 
grandchildren of sufficient ability, of a poor 
person who is insane, blind, old, lame. Im- 
potent or decrept so as to be unable by work 
to maintain himself must at their own charge 
relieve and maintain him in a manner to be 
approved by the commissioner within whose 
jurisdiction such person resides. If the rel- 
ative of a poor person fails to maintain and 
relieve him as in this section provided, the 
said commissioner may apply to any city 
magistrate foT the order authorized by law 
in such cases. The action authorized by law 
for a failure to comply with the order of the 
court requiring the payment of a weekly sum 
for such support must be In the name of the 
commissioner of public charities within whose 
jurisdiction such poor person resides. 

Conduct of bastardy proceedings. 

Sec. 684. All bastardy proceedings shall be 
conducted by and in the name of the commis- 
sioner within whose jurisdiction the person 
charged with being the father or mother of 
the bastard resides, and the amount collect- 
ed shall be paid to the commissioner, to be 
by him applied to the support of the child or 
of the child and its mother, and shall be ac- 
counted for by him in a manner approved by 
the commissioners of accounts. Each com- 
missioner shall have authority to compromise 
bastardy and abandonment cases arising in the 
borough or boroughs for which he is appoint- 


Maintenance of abandoned wives and children. 

Sec. 685. Every person in the city of New 
York, as constituted by this act, who actu- 
ally abandons his wife or children without 
adequate support, or leaves them in danger 
of becoming a burden upon the public, or 
who neglects to provide for them according 
to his means, or who threatens to run away 
and leave his wife and children a burden upon 
the public, may be arrested upon a complaint 
made under oath to a city magistrate and a 
warrant thereon issued, and brought before 
such magistrate, as provided by section nine 
hundred of the code of criminal procedure. 
And if thereupon it shall appear by the con- 
fession of the defendant or by competent tes- 
timony that he is guilty of the charge, the 
said magistrate shall make an order specify- 
ing a reasonable sum of money to be paid 
weekly for the space of one year thereafter 
by such defendant to the commissioner of 
public charities for the borough in which such 
proceeding is had, for the support of the wife 
or children. But nothing in this chapter con- 
tained shall apply to or affect an order for 
the payment of money for the support of a 
child in an institution, pursuant to the provis- 
ions of section two hundred and eighty-eight 
of the penal code or of section nine hundred 


and twenty-one of the code of criminal pro- 
cedure. 

Commitments in abandonment proceedings; 

surety. 

Sec. 686. Any person convicted of any of the 
offenses hereinbefore recited shall, upon being 
served with such order, enter into a bond to 
the people of the state in such sum as such 
city magistrate shall direct, with good and 
sufficient surety to be approved by the said 
city magistrate, that such person will pay 
weekly for the space of one year suoh sum for 
the support of the wife or children or either 
or any of them, as has been ordered as afore- 
said, to the commissioner of the borough in 
which such proceeding is had. In default of 
suoh surety being found, the city magistrate 
shall make up, sign and file in the office of 
the clerk of the county in which such con- 
viction is had, a record of the conviction of 
such offender as a disorderly person, specify- 
ing generally the natpre and circumstances 
of the offense and the names of the witnesses 
by whom it has been established, and shall by 
warrant commit such offender to the work 
house on Blackwell’s island, or to the peni- 
tentiary or jail in the borough where the con- 
viction is had, there to remain until such 
surety be found or such offender be discharged 
according to law, or he shall sentence such 
offender to imprisonment in the penitentiary, 
for a term not exceeding six months or until 
such offender gives the security as hereinbefore 
provided or is discharged according to law. 
Upon the trial or hearing of all complaints 
for any or either of the offenses hereinbe- 
fore referred to, the wife shall be a compe- 
tent witness therein against her husband, a3 
to all matters embraced in said complaint. 

Actions on bonds in abandonment proceedings. 

Sec. 687. Any suit, action or proceeding 
brought or instituted upon any bond or rec- 
ognizance given in pursuance of the preceding 
section shall be brought and prosecuted by 
and in the name of the commissioner for the 
borough in which such bond or recognizance 
was given, and all moneys recovered in any 
suit, action or proceeding shall be paid to 
such commissioner to be by him applied and 
expended for the support of the wife and 
children, or either or any of them of the 
person against whom the order mentioned and 
provided for in section 685 of this act shall 
have been made. If the person charged with 
the offenses hereinbefore recited or either of 
them, is admitted to bail the undertaking of 
his bail shall be for the future appearance of 
the defendant according to the terms of the 
undertaking, or that the ball will pay to the 
commissioner of the borough in which such 
proceeding is had, a specified sum in the event 
of such failure to appear, or if such person 
deposits a sum of money as directed by law 
instead of giving an undertaking of bail for 
his future appearance, and if such person 
shall thereafter fail to appear in accordance 
with the terms of said undertaking or the 
terms upon which the money was deposited, 
then the said magistrate shall enter the fact of 
said person’s non-appearance upon the minutes 
and the undertaking of his bail or money de- 
posited instead of bail shall thereupon be for- 
feited. 

Recoveries in abandonment proceedings. 

Sec. 688. When such an undertaking is for- 
feited, an action may be brought in the name 
of the commissioner for the borough in which 
such proceeding is had to recover the amount 
specified in such undertaking, and the amount 
recovered in said action shall be applied and 
expended for the support of the wife and 


THE CHARTER FOR THE GREATER NEW YORK. 


73 


children, or either or any of them, of the 
person charged with the offenses hereinbefore 
recited or either or any of such offenses, and 
when any money has been deposited instead 
of bail and which shall have been forfeited 
as hereinbefore provided, said money shall 
be paid to the commissioner, by the person 
with whom the said sum of money is deposited, 
upon presenting to him a certificate from the 
city magistrate certifying to the forfeiture 
thereof, which said certificate shall state the 
name of the person making the deposit, when 
it was made, the name of the defendant, and 
that the said sum of money was forfeited 
cn account of the defendant’s failure to ap- 
pear as directed, and shall be signed by said 
magistrate. 

Appeals in abandonment proceedings: costs. 

Sec. 689. An appeal to the court of general 
sessions may be taken from a conviction be- 
fore a city magistrate under this chapter 
within the county of New York, or to the 
county court in any other county which is 
wholly or partly within the city of New York 
as constituted by this act, which said appeal 
shall be conducted under and in accordance 
with the provisions of the code of criminal pro- 
cedure of the state of New York, except that the 
judge allowing the appeal must take from the 
defendant a written undertaking in such sum 
and with such sureties as he may approve, 
that defendant will abide the judgment 
of the appellate court upon the appeal, and 
will pay all costs which may be awarded 
against him, and except that all notices re- 
quired by said code of criminal procedure 
to be served upon the district attorney upon 
such appeal shall be served upon the commis- 
sioner for the borough in which the convic- 
tion from which such appeal is taken was 
had, and the commissioner may appear by 
clerk or counsel upon the hearing of such 
appeal. The court must award costs to the 
party in whose favor the appeal is deter- 
mined, as follows, beside disbursements: To 
the appellant upon reversal, thirty dollars; 
to the respondent upon affirmance, twenty- 
five dollars. When awarded to the appellant 
they must be paid by the controller of the 
city of New York on the delivery to him of a 
certified copy of the order of reversal, and 
must be charged to the contingent account of 
the commissioner for the borough in which 
conviction so reversed was had. When 
awarded to the respondent the payment of 
costs may be enforced as in a civil action, 
and in an action brought therefor against 
the sureties upon the undertaking given on 
the allowance of the appeal, the production 
of a certified copy of the order of affirmance 
shall be conclusive evidence. 

CHAPTER XIV. 

DEPARTMENT OF CORRECTION. 

Jurisdiction; salary; regulations; subordinate 

officers. 

Sec. 694. The head of the department of cor- 
rection shall be called the commissioner of 
correction. He shall be appointed by the 
mayor and shall hold office, as provided in 
chapter IV of this act. His salary shall be 
seven thousand five hundred dollars a year. 
The commissioner shall have power to estab- 
lish rules and regulations for the administra- 
tion of the department and the government 
of the institutions under his control. He 
shall have full and exclusive jurisdiction over 
the several institutions hereinafter specified 
which are situated or may hereafter be estab- 
lished within the city of New York as con- 
stituted by this act. He shall have his prin- 
cipal office in the borough of Manhattan and 
a branch office in the borough of Brooklyn. 


He may establish such other branch offices as 
he may deem necessary. He shall have power 
to appoint and at will to remove a deputy 
and such additional deputies and assistant 
deputies as the board of estimate and appor- 
tionment and the municipal assembly may 
from time to time authorize, and to assign 
them to duty in such borough or boroughs as 
he deems proper, and at least one of such 
deputies shall be assigned to the branch office 
in the borough of Brooklyn. He shall also 
have-power within the limits of his appropria- 
tion to appoint and at will to remove such 
superintendents, wardens and other subordi- 
nate officers and assistants as may be neces- 
sary for the efficient performance of the duties 
of the department. Each deputy so appointed 
shall during the absence or Inability of the 
commissioner possess all the powers and per- 
form all the dutiee of such commissioner with- 
in the borough or boroughs to which he is as- 
signed. The commissioner may delegate to 
the superintendent or warden in charge of 
any institution in the department the power 
to appoint and remove subordinate officers or 
assistants in such institutions. 

Institutions under the jurisdiction of the com- 
missioner. 

Sec. 695. The commissioner shall have juris- 
diction over and it shall be his duty to take 
charge of and manage all institutions for the 
care and custody of criminals and misdemean- 
ants which belong to or are hereafter ac- 
quired by or established in the city of New 
York as constituted by this act, except the 
house of refuge for juvenile delinquents and 
the house of detention of witnesses and the 
Brooklyn disciplinary training school for 
boys, and except all jails or places for the 
detention of prisoners or persons charged 
with crime which are under the charge of the 
sheriff or the police department. The com- 
missioner shall also have charge of such other 
institutions as may be hereafter placed under 
his jurisdiction by the municipal assembly. 
Whenever the state authorities shall have 
caused the inmates of the lunatic asylum on 
Hart’s Island to be removed elsewhere and 
shall have vacated the buildings now on said 
island occupied by said asylum, the said 
buildings, with the grounds thereto appertain- 
ing, shall become and be under the charge 
and control of the department of correction; 
provided, however, that the burial of deceased 
paupers shall be continued on said island un- 
der regulations established by the joint action 
of the departments of public charities and of 
correction, or in case of disagreement between 
said departments, under such regulations as 
may be established by the mayor of the city. 

Transfer of inmates to Riker’s island and 

Hart's island. 

Sec. 696. The commissioner, whenever, in 
his judgment, it is expedient and practicable 
to do so, may cause to be removed to Riker’s 
island, and in case Hart’s island shall have 
been transferred to the department of cor- 
rection, as in section 695 of this act provided, 
then also to Hart’s island, the inmates of the 
workhouse and of the penitentiary on Black- 
well’s island; and he may direct such remov- 
als to be made, from time to time, as accom- 
modation for the said inmates may be pro- 
vided upon Riker’s Island and Hart’s island 
or elsewhere within the city of New York. 
And whenever in consequence of such re- 
movals or otherwise any of the buildings 
theretofore occupied or used for said work- 
house or penitentiary shall have become va- 
cant, such building or buildings, with the 
grounds thereto appertaining, shall be trans- 
ferred to the department of public charities. 
And whenever any of the said buildings or 


grounds shall have been so transferred, the 
commissioner of correction shall have no fur- 
ther rights, duties or obligations in respect 
to such building or buildings or grounds, but 
it or they shall thereafter be included in and 
appertain to the department of public chari- 
ties in the city of New York, and shall be 
under the jurisdiction of the commissioner of 
charities for the boroughs of Manhattan and 
the Bronx. 

Powers of commissioner over criminals and 

misdemeanan ts. 

Sec. 697. The commissioner shall have all 
the authority concerning the care, custody 
and disposition of criminals and misdemean- 
ants whicb the commissioner of correction of 
the corporation known as the mayor, alder- 
men and commonalty of the city of New York, 
or which the board of charities and correc- 
tion for the city of Brooklyn and county of 
Kings as formerly constituted had at time of 
the taking effect of this act, and he shall dis- 
charge the same duties and be subject to the 
same obligations in respect to such persons 
as the said commissioner and board respect- 
ively, except in so far as the same are incon- 
sistent with or not modified by this act. The 
commissioner shall have no authority and be 
subject to no obligation in respect to any 
destitute person not charged with or convicted 
of crime or misdemeanor. 

Classification of criminals and misdemeanants; 

instruction. 

Sec. 698. It shall be the duty of the commis- 
sioner to cause all the criminals and misde- 
meanants under his charge to be classified as 
far as practicable, so that youthful and les3 
hardened offenders shall not be rendered more 
depraved by the association with and evil ex- 
ample of older and more hardened offenders. 
The commissioner may establish and main- 
tain such schools or classes for the instruc- 
tion and training of the inmates of the institu- 
tions under his charge, as may be authorized 
by the board of estimate and apportionment. 
And to this end the commissioner, with the au- 
thority of the municipal assembly, may sec 
apart one of the penal institutions for the cus- 
tody of such youthful and less hardened offend- 
ers. and said commissioner shall have the 
power, in his discretion, to transfer such 
offenders thereto from any other of the penal 
institutions of the city. 

Record of inmates of institutions. 

Sec. 699. It shall be the duty of the com- 
missioner to keep and preserve a proper record 
of ail persons who shall come under his care 
or cuskcdy, and of the disposition of each such 
person, with full particulars as to the name, 
age, sex, color, nativity and religious faith of 
each, together with a statement of the cause 
and length of detention of each such person. 
Such record shall bh supplementary to and 
shall be kept separate from the records re- 
quired to be kept by section 709 of this act. 

Employment of inmates; articles manufactured; 

cultivation of lands. 

Sec. 700. Every inmate of an institution 
under the charge of the commissioner, whose 
age and health will permit, shall be employed 
in quarrying or cutting stone, or in cultivating 
land under the control of the commissioner, 
or in manufacturing such articles as may be 
required for ordinary use in the institutions 
under the control of the commissioner, or for 
the use of any department of the city of New 
York, or in preparing and building sea walls 
upon islands or other places belonging to the 
city of New York upon which public institu- 
tions now are or may hereafter be erected, 
or at such mechanical or other labor as shall 


74 


THE CHARTER FOR THE GREATER NEW YORK. 


be found from experience to be suited to the 
capacity of the individual. The articles raised 
or manufactured by such labor shall be sub- 
ject to the order of and shall be placed under 
the control of the commissioner, and shall be 
utilized in the institutions under his charge 
or in some other department of the city. All 
the lands under the jurisdiction of the com- 
missioner not otherwise occupied or utilized, 
and which are capable of cultivation shall in 
the discretion of the commissioner be used 
for agricultural purposes. 

Detail of inmates to work in department of 

public charities. 

Sec. 701. At the request of any commis- 
sioner of public charities of the city of New 
York, the commissioner of correction may de- 
tail and designate any inmate of any of the in- 
stitutions in the department to perform nec- 
essary work, labor and services in and upon 
the grounds and buildings under the charge 
of such commissioner of public charities, as 
provided in chapter XIII of this act, and sub- 
ject to the restrictions therein contained. 

Hours of labor; discipline. 

Sec. 702. The hours of labor required of any 
inmate of any institution under the charge 
of the commissioner shall not exceed eight 
hours per day for each such person and shall 
be fixed by the commissioner. In case any 
person confined in any institution in the de- 
partment shall neglect or refuse to perform 
the work allotted to him by the officer in 
charge of such institution, or shall wilfully 
violate the rules and regulations established 
by the commissioner or resist and disobey any 
lawful command, or In case any such person 
shall offer violence to any such officer or to 
any other prisoner, or shall do or attempt to 
do any injury to such institution or the ap- 
purtenances thereof or any property therein, 
or shall attempt to escape, or shall combine 
with anyone or more persons' for any . of the 
aforesaid purposes, the officer or officers of 
such institution shall use all suitable means 
to defend themselves, to enforce discipline, 
to secure the persons of the offenders and to 
prevent any such attempt or escape, and it 
shall be the duty of the officer in charge of 
such institution in which such person or per- 
sons is or are confined to punish him or them 
by solitary confinement, and by being fed on 
bread and water only, for such length of 
time as may be considered necessary; but no 
other form of punishment shall be Imposed, 
and no officer of any such institution shall 
Inflict any blows whatever upon any prisoner 
except in self-defense or to suppress a revolt 
or Insurrection. In every case the officer im- 
posing such punishment shall forthwith re- 
port the same to the commissioner and notify 
the physician of the institution. It shall be 
the duty of such physician to visit the person 
so confined and to exanilne dally into the 
state of his health until he shall be released 
from solitary confinement and return to labor, 
and to report to the commissioner and to the 
officer in charge of such Institution whenever 
in his judgment the health of the prisoner 
shall require that he should be released. 

Accounts; annual estimate; expenditures. 

Sec. 703. The commissioner shall keep ac- 
curate and detailed accounts, in a form ap- 
proved by the controller, of all mon- 
eys received and expended by him, the 
sources from which they are received and 
the purposes for which they are expended, 
and shall prepare itemized monthly state- 
ments of all receipts and expenditures in du- 
plicate, one of which statements, together 
with all vouchers, shall be filed with the con- 
troller. and one of which shall be filed in his 


own office. The commissioner shall, on or 
before the first day of September in each 
year, prepare an itemized estimate of the 
necessary expenses of the department for the 
ensuing fiscal year, which estimate shall con- 
stitute the annual estimate of the depart- 
ment of correction, and shall be submitted to 
the board of estimate and apportionment 
within the time prescribed by this act for 
the submission of estimates from the several 
departments of the city. He shall incur no 
expense for any purpose In excess of the 
amount appropriated therefor, nor shall he ex- 
pend any money so appropriated for any pur- 
pose other than that for which It was ap- 
propriated. 

Advertisements for supplies. 

Sec. 704. The commissioner shall from time 
to time, as may be necessary, advertise in the 
City Record and in the corporation news- 
papers, for not less than ten days for pro- 
posals for all such articles and supplies (ex- 
cepting perishable articles) as shall be neces- 
sary' to be used in and for the Institutions 
in the department, and shall award contracts 
for the same to the lowest responsible bid- 
ders who shall give adequate security for the 
faithful performance of such contracts. In 
case of an emergency the commissioner may 
purchase articles Immediately required with- 
out calling for competition, but the amount 
expended by the commissioner for articles so 
required or for perishable articles shall not 
exceed the sum of two thousand dollars dur- 
ing any one month. 

Requisitions and reports of subordinate 
officers. 

Sec. 705. Each superintendent, warden, or 
other chief officer of any Institution under the 
charge of the commissioner shall make his 
requisitions in writing upon the commissioner 
for all articles deemed necessary by the said 
officer to be used in the institution or insti- 
tutions under his charge, and shall keep an 
accurate account of the same. It- shall also 
be the duty of each such superintendent, 
warden or other chief officer to report once 
in each week to the commissioner the num- 
ber of persons who have been received, 
discharged or transferred, who have be- 
come sick or who have died, and the 
number remaining in the respective in- 
stitutions under their charge, the disci- 
pline which has been maintained, and 
the quantity and kind of labor performed, 
and such other information as the commis- 
sioner requires. 

Collection of fines. 

Sec. 706. The department of correction Is 
hereby authorized to demand and receive 
fines imposed for Intoxication and disorderly 
conduct in the city of New York as consti- 
tuted by this act in the manner and for the 
purposes now prescribed by law. 

Commitment of disorderly persons and va- 
grants. 

Sec. 707. Whenever any person is convicted 
in the city of New York as constituted by this 
act, of public intoxication, disorderly conduct 
or vagrancy, the court or magistrate before 
which or whom such conviction Is had shall 
impose upon the person so convicted one or 
other of the penalties herein provided. Upon 
a charge of vagrancy, the persons so convict- 
ed shall be committed to the workhouse in 
said city, or to a county jail, to be detained 
until discharged pursuant to sections 710 and 
711 of this act, and for a term not exceeding 
six months from the date of such commit- 
ment, and the warrant of commitment shall 
so recite. All persons convicted of any of 


the offenses last mentioned in any of the 
boroughs of the city of New York shall be 
committed to the workhouse on Blackwell’s 
island, or to a county jail, except as herein- 
after provided, but may be thereafter trans- 
ferred by the commissioner to any branch 
workhouse in the control of the department. 
Upon a charge of public intoxication or dis- 
orderly conduct, the court or magistrate 
may impose a penalty, as follows: 

1. Commit the person so convicted to the 
said workhouse or jail to be detained until 
discharged pursuant to sections 710 and 711 
of this act, and for a term not exceeding six 
months from the date of such commitment, 
and the warrant of commitment shall so 
recite. 

2. Impose a fine not exceeding $10. Upon 
the payment of the fine imposed, the person so 
convicted shall be forthwith discharged from 
custody. If the fine imposed be $2 or less, 
and bo not paid forthwith, the person so fined 
shall be committed to a city prison or county 
jail for not exceeding two days, each day of 
imprisonment to be taken as a liquidation of 
$1 of the fine. If the fine Imposed exceed the 
sum of $2, and be not paid forthwith, fjie 
court or magistrate shall commit the person 
so fined to a city prison or county jail and the 
warrant of commitment shall contain a di- 
rection that if the fine be not paid before 5 
o’clock in the afternoon of the day succeed- 
ing such commitment, the person so committed 
shall be transferred to and detained in the 
w r orkhouse until discharged pursuant to the 
provisions of this chapter, and for a term not 
exceeding six months from the date of such 
commitment. 

3. Require any person convicted of disorderly 
conduct to give sufficient surety or sureties for 
his good behavior for any time not exceeding 
six months. In default of giving such surety 
forthwith, the court or magistrate shall com- 
mit such person to the city prison or county 
jail to be thereafter transferred to and de- 
tained in the workhouse until such surety is 
furnished, or until discharged pursuant to sec- 
tions 710 and 711 of this act, not exceeding, 
however, a term of six months from the date 
of such commitment. But no such person shall 
be discharged by the commissioner prior to the 
expiration of the time for which he was re- 
quired to give surety, except by order of the 
magistrate who signed the last warrant cf 
commitment, granted as provided in this chap- 
ter. 

Superintendent of the workhouse; reports. 

Sec. 708. It shall be the duty of the superin- 
tendent of the workhouse to ascertain from the 
records thereof, and from examination and 
inspection of the person committed as afore- 
said, whether such person has, since April 4, 
1895, and within two years next preceding the 
date of his commitment, been previously com- 
mitted to such institution upon conviction of 
public intoxication, disorderly conduct, or va- 
grancy. Within twenty-four hours after 
the commitment of any such person 
to the workhouse, the said superintend- 
ent shall transmit to the commissioner 
a written statement showing the name, sex, 
age, residence, occupation, height, weight and 
the color of the hair of any such person, and 
describing any scars, marks or deformities or 
other signs whereby such person may subse- 
quently be identified, the date of the commit- 
ment, the offense for which such person was 
committed and the name of the magistrate by 
whom the commitment was made. Such state- 
ment shall also show whether such person 
has been previously committed to such 
institution within the period, and for 
any one of the causes above specified, 
and, if so, the number of times that such 


THE CHARTER FOR THE GREATER NEW YORK. 


75 


person has been so committed during such 
period, the date of the last previous commit- 
ment of such person for either of said offenses, 
the name of the magistrate by ■whom and the 
offense for which such last previous commit- 
ment was made, and the period of detention 
un-der such last previous commitment. 

Record of persons committed. 

Sec. 709. it shall be the duty of the commis- 
sioner to keep a 'book or books in which shall 
be properly recorded the names of all per- 
sons committed under section 707 of this act, 
and all other facts which shall be certified to 
him by the superintendent of the workhouse 
as herein required. Such book or books are 
hereby declared to be public records and shall 
bo open to public inspection, and shall be in- 
dexed and kept so as to show whether any 
person committed, as prescribed by this chap- 
ter, has been previously committed within 
two yeans next preceding such commitment 
for any of the causes herein specified. 

Term of detention to be fixed by commissioner. 

Sec. 710. Within three days after the com- 
mitment oif any person as herein provided, 
it shall 'be the duty of the commissioner to as- 
certain from the aforesaid records whether 
such person has been committed to the work- 
house after April fourth, eighteen hundred 
and ninety-five, and within two years next pre- 
ceding the date of such commitment for pub- 
lic intoxication, disorderly conduct or va- 
grancy, and to make a written order specify- 
ing the date at which such person shall be 
discharged, as follow's, namely: In the case 
of a person who has not previously been com- 
mitted for any one of the offenses herein 
specified within two years next preceding 
the date of his last commitment, and after 
April fourth, eighteen hundred and ninety- 
five, the said order shall direct 'that such per- 
son shall 'be discharged at the expiration of 
five days from the date of his commitment; 
in the case cf a person who has been com- 
mitted once before within the period of two 
years next preceding the dlay of his commit- 
ment, and after April fourth, eighteen hundred 
and ninety-five, for any of the offenses herein 
specified, the said order shall direct that such 
person shall be discharged at the expiration 
of twenty days from the date of his commit- 
ment; and in the case of a person who has 
been committed more than once during the 
two years next preceding the date 
of his commitment, and after April 
fourth, eighteen hundred and ninety-five, 
for any of the offenses herein speci- 
fied, the said order shall direct that such 
person he discharged at the expiration of a 
period equal to twice the term of his' deten- 
tion under the last previous commitment, 
but not in any event exceeding six months; 
provided, however: First, that in the case of 
a person committed upon conviction of va- 
grancy, the said order may direct that the 
said person shall be discharged at the expira- 
tion of a period to be fixed by the commis- 
sioner and stated therein, not exceeding six 
months and not less than the period of deten- 
tion abdve specified for first and subsequent 
commitments, as the case may be: Second, that 
whenever the period cf detention of any such 
person under his last previous commit- 
ment shall have exceeded the period of deten- 
tion provided for by this section (either by 
reason of his detention on failure to furnish 
surety for his good behavior or by reason of 
the action of the commissioner upon a convic- 
tion of vagrancy), then such excess of deten- 
tion under his last previous commitment 
shall not be considered by the commissioner 
in determining the date of his discharge un- 
der the existing commitment The date of 


any order made pursuant to this section and 
the name of the person whose period of de- 
tention is fixed thereby, and the period of de- 
tention therein specified shall be entered In 
the records required to be kept by section 
709 of this act, and the said order shall forth- 
with be transmitted to the superintendent of 
the workhouse. Upon the expiration of the 
term of detention specified therein, and 
upon the discharge of the person named 
therein it shall be the duty of such superin- 
tendent forthwith to return such order, with 
a written certificate indorsed thereon specify- 
ing the date of the discharge of tho person 
named therein to the commissioner, who shall 
preserve the same as a public record. 

Discharge of persons committed. 

Sec. 711. In any case where tho period of 
detention, as fixed by the commissioner shall 
exceed twenty days, and shall be less than one 
hundred and sixty days, the magistrate who 
signed the last warrant of commitment may, 
after the expiration of twenty days, direct the 
discharge of any person so committed, but 
no such order or mandate shall he granted 
by any magistrate except upon the written 
certificate of the commissioner specifying the 
period of detention fixed by him for the per- 
son so committed, and upon an affidavit set- 
ting forth facts which in the opinion cf the 
said magistrate, shall justify such discharge. 
The said affidavit and certificate shall be 
filed and preserved with tho complaint upon 
which such person was last convicted. Upon 
any subsequent commitment, under section 
707 or this aot, of a person so discharged, the 
commissioner shall fix the period of deten- 
tion of such person at the term for which he 
would have been detained under the existing 
commitment if no such order or mandate had 
been granted. 

Transfer of inmates by commissioner. 

Sec. 712. Tho commissioner may transfer 
and commit and cause to be transferred and 
committed from the workhouse to the city 
prison, penitentiary or to any other of the In- 
stitutions in the department, any person 
committed to the workhouse under section 
707 of this act, whenever such transfer shall 
be necessary for the proper care and manage- 
ment of such city prison, penitentiary or 
other institution or for the proper employment 
of such person. The commissioner may 
also transfer and commit and cause to be 
transferred from the workhouse to the city 
prison or penitentiary, any person committed 
to the workhouse under section 707. of this 
act, whenever, by reason of the number of 
offenders actually detained in such workhouse 
at any time, there shall not be accommoda- 
tion therein for all the persons committed 
thereto; and in like manner the commissioner 
may transfer prisoners from one penitentiary 
to another penitentiary within the department 
or from one district prison to another district 
prison within the department, whenever it 
may be necessary to prevent overcrowding. 
The commissioner may also transfor and com- 
mit or cause to be transferred and commit- 
ted from the city prison to the workhouse to 
be detained and employed therein any person 
who shall have been duly committed to the 
city prison. 

Alteration and repair of buildings. 

Sec. 713. Whenever the increase of Inmates 
in. or the proper care and government of the 
institutions in the department shall in the 
judgment of the commissioner render it nec- 
essary or expedient, he shall have power to 
enlarge or alter the building or buildings oc- 
cupied by such institutions; and he shall also 
have power to make all needful repairs to 
» 


such buildings and the appurtenances thereto, 
provided that an appropriation has been made 
therefor. The commissioner shall when practi- 
cable cause the work of such alterations or 
repairs to bo done by persons confined in such 
institutions. 

Additional gifts to be given to inmate!} on dis- 
charge. 

Sec. 714. In addition to the donations, pro- 
vided by the genera! laws of the state, to 
be given to Inmates of penal institutions upon 
their discharge, the commissioner of correc- 
tions shall donate to each Inmate serving a 
term longer than three years the sum of five 
dollars upon his discharge. 

CHAPTER XV. 

FIRE DEPARTHENT. 

Title 1. Organization, duties and powers of 
officers and men. 

2. Fires and their extinction. 

3. Prevention of fires; explosives and 

combustible materials. 

4. Fire marshals and Investigation of 

origin of fires. 

6. Relief fund and pensions. 

6. Tax upon foreign insurance com- 
panies. 

TITLE 1. 

ORGANIZATION, DUTIES AND POW- 
ERS OF ITS OFFICERS AND HEN. 

Fire commissioner; salary. 

Sec. 720. The head of the fire department 
shall be the fire commissioner. He shall be 
appointed by the mayor and hold office as pro- 
vided in chapter IV of this act. The salary 
of the fire commissioner shall be seven thou- 
sand five hundred dollars a year. 

Deputies. 

Sec. 721. The fire commissioner shall ap- 
point a deputy commissioner, who shall be 
seated at the office of the fire department in 
tho borough of Brooklyn, through whom such 
business, duties and powers of the fire depart- 
ment in the boroughs of Brooklyn and Queens 
shall be conducted, performed and exercised, 
as may be directed by the fire commissioner. 

Consolidation of departments; volunteer de- 
partments. 

Sec. 722. The officers and members of the 
uniformed force and legally appointed firemen 
in the corporation formerly known as the 
mayor, aldermen and commonalty of the 
city of New York, and In the city of Brooklyn 
and in the city of Long Island City, are here- 
by made members of tho fire department of 
the city of New York, as hereby constituted, 
and shall be assigned to duty therein by tho 
fire commissioner, with the rank and grade 
now held by them respectively, as nearly as 
may be practicable. Tho paid fire depart- 
ment system shall, as soon as practicable, he 
extended over the boroughs of Queens and 
Richmond, by the fire commissioner, and 
thereupon the present volunteer fire depart- 
ments now maintained therein shall be dis- 
banded, Any real property and likewise any 
apparatus, equipment or other personal prop- 
erty owned or used by said volunteer forces 
which may bo deemed useful or necessary for 
the use of the fire department, shall, upon 
the extension of the paid system to the bor- 
oughs of Queens and Richmond, respectively, 
be purchased by the fire commissioner at tho 
reasonable value thereof. In the meantime, 
and until the said paid fire department shall 
be extended over said territory as heroia 


76 


THE CHARTER FOR THE GREATER NEW YORK. 


provided, said volunteer fire companies shall 
continue to discharge the duties for which 
they have been associated or incorporated, 
and said companies shall receive from the 
eity such sums as are now awarded them by 
the villages or towns in which they are re- 
spectively located. Whenever hereafter the 
paid fire department shall be extended into 
any part of the territory of the city of New 
York, as hereby constituted, in which now or 
hereafter there shall exist a volunteer fire 
department, such members of said volunteer 
fire department in said locality as may be in 
active service shall, so far as practicable, 
be preferred for appointment as firemen in the 
paid department; and the volunteer benevo- 
lent associations existing within said territory 
shall possess all the privileges, and be en- 
titled to all the rights now conferred by law 
on such associations. 

Treasurer. 

Sec. 723. The fire commissioner Shall be the 
treasurer of the fire department, and shall 
file in the office of the controller a bond in 
the sum of one hundred thousand dollars for 
the faithful performance of his duties as 
such treasurer. 

Powers. 

Sec. 724. ^ he fire commissioner shall possess 
and exercise fully and exclusively all powers 
and perform all duties for the government, 
management, maintenance and direction of the 
fire department of the city, and the premises 
and property thereof. The said department 
shall have sole and exclusive power and au- 
thority to extinguish fires in said city. Ail 
real estate, fire apparatus, hose, implements 
tools, bells and bell towers, fire telegraph and 
all property, of whatever nature, in use by the 
firemen or fire department of the city, be- 
longing to said city, shall be in the keeping 
and custody of the fire department, and for 
the use of said department. But the said 
property shall remain the property of the city 
of New York, subject to the public uses of 
said department, as aforesaid and for the pur- 
poses provided by this chapter. And when- 
ever any of the said property shall no longer 
be needed by the said department for the pur- 
poses of this chapter the commissioner shall 
surrender the same to the city. 

Horses, apparatus, etc., to be provided. 

Sec. 725. The fire commissioner shall, sub- 
ject to the other provisions of this act, have 
full power to provide supplies, horses, tools, 
implements and apparatus of any and all kinds 
{to be used in the extinguishing of fires) and 
fire telegraphs, to provide suitable locations 
for the same and to buy, sell, construct, re- 
pair and have the care of the same, and take 
any and all such action in the premises as may 
be reasonably necessary and proper. 

To control and manage property, etc. 

Sec. 726. The fire commissioner shall pos- 
sess and exercise' full and exclusive power and 
discretion for the government, management, 
maintenance and direction of the several 
buildings and premises and bell towers and 
property and appurtenances thereto, and all 
apparatus, hose, implements and tools of any 
and all kinds which may belong to or be 
in the use of the said department. 

Bureaus. 

Sec. 727. The fire commissioner shall have 
power to organize the fire department into 
such bureaus as may be convenient and 
necessary for the performance of the duties 
imposed upon him. One bureau shall be 
charged with the duty of preventing and ex- 
tinguishing fires and of protecting property 


from water used at fires, the principal officer 
of which shall be called the “chief of de- 
partment.” Another bureau shall be charged 
with the execution of all laws relating to 
the storage, sales and use of combustible 
materials, the principal officer of which shall 
be called “inspector of combustibles.” The 
salary of said inspector of combustibles shall 
be $3,000 a year. Another bureau shall be 
charged with the investigation of the origin 
and cause of fires, the principal officers of 
which shall be called “fire marshals.” A 
branch of said bureau shall be located in the 
borough of Brooklyn. 

Selection of subordinates. 

Sec. 728. The fire commissioner shall have 
power to select heads of bureaus and assist- 
ants and as many officers and firemen as may 
be necessary, and they shall at all times be 
under the control of the fire commissioner 
and shall perfc^-m such duties as may be 
assigned to them by him, under such names 
or titles as he may confer; provided, how- 
ever, that assignments to duty and promo- 
tions shall be made by the fire commissioner 
upon the recommendation of the chief of de- 
partment, and in case any recommendation 
so made by the chief shall be rejected, he 
shall, within three days, submit another 
name or names, and continue so to do until 
the assignment or promotion is made. 

Location of fire alarm telegraph, etc.: penalty 

for interference therewith. 

Sec. 729. The fire commissioner shall have 
exclusive right and power from time to time 
to designate and fix the location of all fire- 
alarm, telegraph, signal and alarm stations 
in the city, and to have access to and the 
control of the same for the purposes of the 
department, to fix upon and adopt the colors 
or combination of colors in painting the poles, 
boxes and fixtures thereof, and the kind or 
style of keys and appliances by which to op- 
erate the same; to select and designate the 
places of deposit for keeping the keys of the 
various stations, and to designate the officers 
and persons who shall be intrusted with du- 
plicate keys and authorized to use the same, 
and to make from time to time such rules and 
regulations governing the ' possession, re- 
turn, or use thereof, and as to the use and con- 
trol of said telegraph, as they may deem 
necessary; and no person other than the said 
commissioner or the officers and employes 
specially authorized to operate said telegraph, 
or to use .the same for instruction or drill, or 
policemen or citizens using the same for com- 
municating an actual alarm of fire, shall make 
use thereof; and no person shall use the keys 
or appliances thereof for communicating a 
false alarm, or experimenting or tampering 
with the same for any purpose whatever, or 
have or possess any key thereof, without such 
authority; and no person, association, corpo- 
ration, or company, shall post, paint, Impress, 
or in any way affix to any pole connected with 
said fire-alarm telegraph, or any box, wire, or 
other appliance connected therewith, any plac- 
ard, sign, broadside, notice, or announcement 
of any kind, or cut, mutilate, alter, mar, de- 
face, cover, obstruct or interfere with the 
same in any manner whatsoever or paint or 
cause to be painted, the poles of any other 
telegraph, or any other poles on the lines there- 
of, of a similar color or colors, or in imitation 
thereof, nor consent, allow, or be privy to any 
of said things being done for them or upon 
their behalf ; and any offense against the pro- 
visions of this section shall be punished as a 
misdemeanor, and subject the party or parties 
violating the same to an additional penalty 
of $100. No kite shall be flown, raised, or 
put up in the streets or ‘avenues adjacent to 


the lines of said telegraph, or allowed to be- 
come entangled with the wires or apparatus 
of said telegraph, under a penalty of $10 for 
every such offense; and the police board and 
their officers are specially charged and di- 
rected to aid in the enforcement of this sec- 
tion. 

Business offices; seal. 

Sec. 730. The said fire commissioner shall, 
subject to the other provisions of this act, 
provide such offices and business accommo- 
dations as may be requisite for the transac- 
tion of the business of the department and 
that of its subordinates. The commissioner 
may adopt a common seal and direct its 
use. 

Suits and actions. 

Sec. 731. The fire commissioner is hereby 
authorized, empowered and especially charged 
with the duties of enforcing the several pro- 
visions of this chapter, and may, subject to 
the other provisions of this act, incur any ex- 
pense necessary and proper therefor, and said 
fire commissioner is hereby authorized and 
empowered to receive and collect all license 
fees mentioned in this chapter, and to sue 
for, and shall have the exclusive right of 
recovery of, any and all penalties imposed un- 
der this chapter, and may sue for and re- 
cover and collect the same, with costs, in 
the manner provided for in actions under 
the code of civil procedure, and shall apply 
the same to the uses and purposes of the re- 
lief fund of the fire department in the city of 
New York, and the said fire commissioner 
may bring any suit or action for the enforce- 
ment of its rights and contracts, and for 
the protection, possession and maintenance 
of the property under the control of said de- 
partment, and any action to recover any fee, 
fine or penalty under this chaptef may be 
brought in any of the municipal courts in said 
city, and the assistant corporation counsel 
assigned to the fire department shall, under 
the direction of the fire commissioner, take 
charge of the prosecution of all suits or 
proceedings instituted for the recovery and 
collection of penalties, and the enforcement 
of the several provisions of this chapter; 
collect and receive all moneys upon judg- 
ments, suits or proceedings so instituted; 
pay all costs and disbursements, and discon- 
tinue suits and proceedings and execute sat- 
isfaction of judgments upon payment of pen- 
alties or costs, and in compliance with orders 
made in such suits and proceedings; shall 
keep a correct and accurate register of all 
suits and proceedings, and account for all 
moneys .received and paid out thereon; and 
shall pay over to the treasurer of the relief 
fund the amount of all license fees, penalties 
and moneys received and collected by him, 
and the said fire commissioner is authorized 
to settle or compromise any such suit or 
judgment for less than the amount of the 
same, in case, in his judgment, he is satis- 
fied that the full amount cannot be collected. 

Members of force to decline nominations to 
office. 

Sec. 732. Any officer or member of the uni- 
formed force of said department who shall 
be publicly nominated for any office, elect- 
ive by the people, and who shall not decline 
the said nomination within ten days succeed- 
ing notice of the same, shall be deemed to 
have vacated his office In the fire department. 
Uniforms and badges. 

Sec. 733. It shall be the duty of the fire 
commissioner to make suitable regulations 
under wbich the officers and men of the 
fire department shall be required to wear an 
appropriate uniform and badge, by which in 


THE CHARTER FOR THE GREATER NEW YORK. 


77 


case of Are and at other times the authority 
and relations of such officers and men in said 
department may be known as the exigency 
of their duties may require. It shall be a 
misdemeanor, punishable by imprisonment for 
a period of not less than sixty days, for a 
person not enrolled or employed, or appoint- 
ed by the said department, to wear the whole 
or any part of the uniform or insignia pre- 
scribed to be worn by the rules or regula- 
tions oT the fire department, or do any act 
as fireman not duly authorized by the com- 
missioner, or to interfere with the property 
or apparatus of the fire department in any 
manner unless by the authority of the fire 
commissioner. Any person who shall false- 
ly represent any member of the uniformed 
force of the fire department, or who shall 
maliciously, with intent to deceive, use, or 
imitate any of the signs, fire caps, badges, 
signals or devices adopted or used by the 
said department, shall be deemed guilty of a 
misdemeanor, and shall be subject to a fine 
of not less than $25 or more than $250, and 
to imprisonment for a term not less than ten 
days, or more than three months, such fines 
when collected to be paid over to the trus- 
tees of the New York fire department relief 
fund. 

Qualifications of force. 

Sec. 734. No person shall be appointed to 
membership in the fire department or con- 
tinue to hold membership therein, who is not 
a citizen of the United States, or who has 
ever been convicted of felony; nor shall any 
person be appointed who cannot read and write 
undenstandingly in the English language, or 
who shall not have resided within the state 
one year immediately prior to his appoint- 
ment, or who is not over the age of twenty-one 
and under the age of thirty years. 

Resignations and absences. 

Sec. 735. No member of the fire department 
shall, under penalty of forfeiting the salary 
or pay which may be due to him, withdraw or 
resign, except by permission of the fire com- 
missioner. Unexplained absence, without 
leave, of any member of the uniformed force, 
for five days, shall be deemed and held to be 
a resignation by such member, and accepted 
as snch. 

Military and jury duty: arrest. 

Sec. 736. No person holding office under this 
department shall be liable to military or jury 
duty, nor to arrest on civil process, or, whilst 
actually on duty, to service of subpenas from 
civil courts. 

Warrants of appointment. 

Sec. 737. Every member of the uniformed 
force shall have Issued to him a proper war- 
rant of appointment signed by the fire com- 
missioner. 

Oaths of office. 

Sec. 738. Each member of the uniformed 
force shall take an oath of office, and sub- 
scribe the same before an officer of the de- 
partment empowered to administer an oath, 

Discipline, etc. 

Sec. 739. The government and discipline of 
the fire department shall be such as the fire 
commissioner may, from time to time, by rules, 
regulations and orders prescribe. The fire 
commissioner shall have power. In his dis- 
cretion, on conviction of a member of the 
force of any legal offense or neglect of duty, 
or violation of rules, or neglect or disobedi- 
ence of orders, or incapacity, or absence with- 
out leave, cr any conduct injurious to the 
public peace or welfare, or immoral conduct, I 


or conduct unbecoming an officer or member 
or other breach of discipline,, to punish the 
offending party, by reprimand, forfeiting and 
withholding pay for a specified time, or dis- 
missal from the force; but no more than ten 
days’ pay shall be forfeited and withheld for 
any offense. Officers and members of the 
uniformed force 6hall be removable only af- 
ter writ/ten charges shall have been preferred 
against them, and after the charges shall have 
been piib'llcly examined into, upon 6uch rea- 
sonable notice to the person charged, and in 
such manner of examination as the rules and 
regulations of the fire commissioner may pre- 
scribe. The examination into such charges 
shall be conducted by the fire commissioner 
or by the deputy commissioner; but no decis- 
ion shall be final or he enforced, until ap- 
proved by the fire commissioner. 

No member of the uniformed force shall be 
permitted to contribute any moneys directly 
or indirectly to any political fund, or to join 
or become or be a member of any political 
club or association, or of any club or associa- 
tion intended to affect legislation for or on 
behalf of the fire department or any officer 
or member thereof, or to contribute any 
money directly or indirectly for such purpose. 

The rules and regulations now established 
In the respective fire departments of the city 
of New York, the city of Brooklyn, and Long 
Island City, shall continue in force until mod- 
ified or repealed by said commissioner. The 
rules and regulations of the fire department, 
when established by the fire commissioner, 
shall he printed, published and circulated 
among the officers and members of said de- 
partment. 

Grades, ranks and salaries of officers and 

members of the uniformed force. 

Sec. 740. The ranks and salaries of officers 
of the fire department shall be as follows; 
Chief of department, whose annual salary 
shall be not more than six thousand dollars 
nor less than five thousand dollars; deputy 
chiefs of department, whose annual salary 
shall be not more than four thousand, nor less 
than three thousand five hundred dollars; 
battalion chiefs, whose annual salary shall 
be not more than three thousand five hundred 
dollars nor less than two thousand seven 
hundred and fifty dollars; captains or fore- 
men of companies whose annual salary shall 
be not more than two thousand five hundred 
dollars nor less than eighteen hundred dol- 
lars; lieutenants or assistant foremen of com- 
panies, whose annual salary shall be not more 
than eighteen hundred dollars nor less than 
one thousand five hundred dollars; engineers 
of steamers, whose annual salary shall be 
not more than one thousand six hundred dol- 
lars nor less than one thousand three hun- 
dred dollars. 

From and after January 1, 1898, the uni- 
formed members of the fire department who 
are firemen shall be divided into four grades, 
to wit, first, second, third and fourth, and 
shall receive an annual pay or compensation 
as follows: Members of the first grade, four- 
teen hundred dollars; members of the second 
grade, twelve hundred dollars; members of 
the third grade, one thousand dollars, and 
members of the fourth grade, eight hundred 
dollars. 

The members of the uniformed force who 
are appointed after January 1, 1898, shall be 
assigned to the fourth grade; after one year 
of service In the fourth grade they shall be 
advanced to the third grade; after one year at 
service in the third grade they shall be ad- 
vanced to the second grade; after one year of 
service in the second grade they shall be ad- 
vanced to the first grade; and they shall in 


each instance receive the annual pay or com- 
pensation of the grade to which they belong 
as herein provided. 

All persons who, when this act takes effect, 
are firemen in the uniformed force of the 
fire department of the corporation heretofore 
known as the mayor, aldermen and common- 
alty of the city of New York, or of the city 
of Brooklyn, or of the corporation heretofore 
known as Long Island City, shall thereupon 
become firemen of that grade having a sal- 
ary thereto attached equal to the salary or 
compensation paid such firemen, respectively, 
at the time of the taking effect of this act; 
provided, however, that any such fireman who 
has been a member of the uniformed force in 
the city of Brooklyn, or in Long Island City, 
whose salary falls between any two of the 
grades hereby established, shall within three 
years have his salary made equal to the sal- 
ary of the first grade by equal annual addi- 
tions. 

Nothing in this section contained shall be 
construed to change in any way the salaries 
or grading, present or prospective, of the 
firemen who are or shall become members of 
the uniformed force of the New York fire de- 
partment prior to January 1, 1898; and nothing 
in this section contained shall be construed 
to affect in any other way than as provided 
herein the rights and privileges secured un- 
der the provisions of this act to»uniformed 
members of the various fire departments 
consolidated into one department by this act. 

The pay or compensation of the officers of 
the fire department and each of them men- 
tioned in the first paragraph of this section, 
and also the pay or compensation of district 
engineers and officers ranking as such, and 
of any other officers who, when this act takes 
effect, belong to the uniformed force of 
either of the fire departments hereby con- 
solidated Into one department, shall be and 
remain fixed at the amount which they and 
each of them were severally receiving or 
entitled to receive from the respective muni- 
cipal corporations in whose employ they were 
prior to the taking effect of this act; provided, 
however, that the salaries of all such officers 
in either of said fire departments other than 
the New York department, so consolidated 
into one department, shall be made equal to 
the salaries of corresponding officers in said 
New York department, within three years 
from January 1, 189S, by equal annual addi- 
tions; and provided further that if the differ- 
ence in the pay received by such officers and 
the pay received by corresponding officers of 
the New York fire department as heretofore 
existing, is not more than $50, when this aot 
takes effect, the pay shall be equalized at 
once. 

The pay or compensation aforesaid shall be 
paid monthly to each person entitled thereto, 
subject to such deductions each month from 
the pay or compensation of said persons as 
are or shall be authorized by law or by this 
act; and no pay or compensation shall be 
allowed or paid to any such fireman or offi- 
cer, except as in this section provided for and 
declared, any other law to the contrary or 
otherwise notwithstanding. 

Police department to co-operate. 

Sec. 741. It shall be the duty of the fire 
department and of the police department, 
their respective officers and men, to co- 
operate together in all proper ways, and the 
said police department and fire department 
may respectively provide for protection 
against fire and for the arrest of all persons 
who may, at or near any fire, commit or at- 
tempt to commit any crime against the law3 


?8 THE CHARTER FOR THE GREATER NEW YORK. 


of this state, or violate any rule or regula- 
tion of said police department or fire de- 
partment. 

TITLE 2. 

FIRES AND THEIR EXTINCTION. 
Right of way: obstructing. 

Sec. 743. The officers and men of the fire 
department, with their apparatus of all kinds, 
when on duty, shall have the right of way 
at any fire in any highway, street or avenue, 
over any and all vehicles of any kind, except 
those carrying the United States mail. And 
any person in or upon any vehicle who shall 
refuse the right of way, or in any way ob- 
struct any fire apparatus, or any of said offi- 
cers while in the performance of duty, shall 
be guilty of misdemeanor and be liable to 
punishment for the same. 

Hose-bridges on railway tracks. 

Sec. 749. The fire commissioner is empow- 
ered to provide for the laying on the rail- 
way tracks of the city, over the hose used by 
the department for the extinguishment of 
fires, such hose bridges as he may deem 
necessary, and the various horse and steam 
railway companies running cars within the 
limits of the city of New York shall provide 
and use such hose bridges as may be desig- 
nated by the fire commissioner. Such bridges 
Shall be paid for by the railway companies 
using the same. 

Fire hydrants not to be obstructed. 

Sec. 750. No person shall In any manner ob- 
struct the use of any fire hydrant In said city, 
or allow any snow or ice to be thrown or plied 
upon or around the same, or have or place, 
or allow to be placed, any material in front 
thereof, from the curb line to the center of 
the street, and to within ten feet from either 
side thereof, and all snow and Ice accumu- 
lating within such space shall be removed by 
the owner or owners, lessee or lessees, of the 
premises fronting the same in the same man- 
ner as Is prescribed for the keeping clear of 
the Sidewalk, under a penalty of $10 for each 
and every such offense; and any and all ma- 
terial found as an obstruction, as aforesaid, 
may be forthwith removed by the officers or 
employes of said department, and at the risk, 
cost and expense of the owner or claimant, 
and said fire commissioner may take all prop- 
er measures to keep said hydrants from freez- 
ing, and In proper condition for use at all 
times. 

Sanoers and miners. 

Sec. 751. The fire commissioner Is hereby 
empowered and directed to maintain in the 
fire department a corps to be known as the 
corps of sappers and miners. Said corps shall 
be composed of not exceeding three members, 
either officers or private firemen, of each com- 
pany In said fire department, and said mem- 
bers shall be appointed by said commissioner, 
upon the nomination of the chief of depart- 
ment. The said commissioner shall appoint 
a suitable officer, who shall be skilled In the 
use of explosives, whoso duty It shall be to 
Instruct and drill said corps In the use of ex- 
plosives, and to give said corps such other 
Instruction as may be required to qualify 
them to effectually discharge the duties Im- 
posed upon them by this title. Such officer 
shall receive an annual salary of $2,000, and 
such salary shall be raised and paid In the 
earns manner as the salaries erf the other offi- 
cers appointed by said commissioner. 

Id. Duties of. 

Sec. 752. Whenever, under and by virtue of 
the acts relating to the extinguishment of 
fires in the city, the destruction or pulling 


down of any building or buildings shall be 
deemed necessary and shall be ordered by the 
officer in command at any fire in said city, 
It shall be the duty of said corps, or any 
member or members thereof, by the direction 
of said officer in command at such fire, to 
level and destroy Such building or buildings, 
by the use of explosives, for the purpose -of 
arresting the spread of such fire, and it shall 
bo lawful for them to enter and take posses- 
sion of the same for such purposes. 

Explosives: depots for storage of. 

Sec. 753. The fire commissioner shall estab- 
lish In the city of New York, one or more 
depots for the storage and safe keeping of 
such explosives as may be required for the 
use of said corps, and may limit the quantity 
of any such explosives to be kept at any one 
of such depots. 

Pulling down buildings to prevent spread of 

fire. 

Sec. 754. When any building or buildings in 
the city of New York shall be on fire, It shall 
be lawful for the fire commissioner to direct 
and order the same, or any other bulld'ing 
•which he majj deem hazardous, and likely to 
take fire, or to convey the fire to other build- 
ings, to be pulled down or destroyed. Upon 
the application of any person Interested In 
such building so pulled down or destroyed, 
to the supreme court. In the judicial depart- 
ment within which such building Is situated, 
it Shall he its duty to issue a precept for a 
jury to Inquire Into and assess the damages 
which the owners of such building and all 
persons having an estate or interest therein 
have respectively sustained by the pulling 
down or destruction thereof; which precept 
shall be issued, directed, executed, returned 
and proceeded upon, and the proceedings there- 
on shall take effect, as nearly as may be, in 
such manner as Is provided in the case of land 
taken for public purposes; and, th'e said in- 
quiry and assessment having been confirmed 
by the court, the sums assessed by the Jury 
shall be paid by the city of New York to the 
respective persons In whose favor the jury 
shall have assessed the same, In full satisfac- 
tion of all demands of such persons respective- 
ly, by reason of the pulling down or destruc- 
tion of such building; and the court before 
whom such process shall be returnable shall 
have power to compel the attendance of ju- 
rors and witnesses upon any such assessment 
of damages. 

Idle persons, etc., may be removed from fires. 

Sec. 755. During the actual prevalence of 
any fire. It shall and may be lawful for the 
officers of the police and fire departments 
to remove, or cause to be removed and kept 
away from the vicinity of such fire all idle 
and suspicious persons, and all persons not 
fit to be employed or not actually and use- 
fully employed, in their judgment, in aiding 
the extinguishment of such fire or in the 
preservation of property in the vicinity there- 
of. 

TITLE 3. 

PREVENTION OF FIRES— EXPLOS- 
IVES AND COMBUSTIBLE 
riATERIALS. 

Shavings: how to be stowed away. 

Sec. 760. All carpenters or others in said city 
making or using shavings shall, at the close 
of each day, cause the same to be securely 
stowed in some safe place remote from danger 
by fire, under the penalty of $5 for each omls- 
sion to do so. No person shall kindle any fire 
ncr lucolait Uio materials, nor in any way j 


authorize or allow any fire to be made in any 
street, road, alley, lane or upon any pier, 
wharf or bulkhead In the city* except under 
such regulations as shall be established by 
the fire commissioner, under a penalty of $10 
for each and every such offense. If any chim- 
ney, stove pipe or flue within the city shall 
take fire the occupant of the premises to which 
such chimney, stove or flue appertains shall 
forfeit the sum of $6. 

Hoistways, iron shutters, etc., to be closed. 

Sec. 761. All hoistways, well holes, trap 
doors and Iron shutters shall be closed at the 
completion of the business of each day by the 
occupant of the building having use or control 
of the same, and in case of a violation of this 
provision such occupants having the use or con- 
trol thereof shall forfeit and pay a penalty of 
$60 for each and every neglect or omission so 
to do. And for any accident or Injury to life 
and limb, resulting directly or indirectly from 
any neglect or omission to properly comply 
with any of the requirements of this section, 
the person or persons culpable or negligent la 
respect thereto shall be liable to pay any offi- 
cer, agent or employe of said fire department 
injured, or whose life may be lost (resulting 
from such neglect or omission) while in the 
discharge or performance of any duty Imposed 
by said commissioner, or to the wife and chil- 
dren, or to the parents, or to the brothers and 
sisters, being the surviving heirs at law of any 
deceased person thus having lost his life, a 
sum of money, in case of Injury to person, not 
lesB than $1,000, and in case of death not less 
than $5,000, such liability to be determined 
and such sums recovered in an action to be in- 
stituted by said fire commislsener for and in 
behalf of any person Injured, or the family 
or relatives cut any person killed as aforesaid; 
and any and all persons for any fire, resulting 
from his or their willful or culpable negli- 
gence or criminal intent or design, shall, In ad- 
dition to the present provisions of law for tho 
punishment of persons convicted of arson, 
be liable in a civil action for the payment of 
any and all damages to the person and prop- 
erty, the result of such fire, and also for the 
payment of all costs and expenses of said fire 
department incurred in and about the use of 
employes, apparatus and materials in the ex- 
tinguishment of any fire resulting from such 
cause, the amount of such costs and expenses 
to be fixed by said commissioner, and when 
collected shall be paid into the relief fund of 
said department herein created; and shall also 
be liable for injury to person or loss of life 
of any officer, agent or employe of said fire 
department in the same manner and like ex- 
tent, and to be sued for In like manner as in 
the preceding part of this section provided for. 

Lights, precautions against fire and use of 

aisles in places of amusement. 

Sec. 762. All lights used in theaters and 
other places of public amusement, manufac- 
tories, stores, hotels, lodging houses and 
In show windows shall be properly protected 
by globes or glass coverings, or in such other 
manner as the fire commissioner shall pre- 
scribe. The owners and proprietors of ail 
manufactories, hotels, tenement houses, apart- 
ment houses, office buildings, boarding and 
lodging houses, warehouses, stores and offices, 
theaters and music halls, and the authorities 
or persons having charge of all hospitals 
and asylums, and of the public schools and 
other public buildings, churches and other 
places where large numbers of persons are 
congregated for purposes of worship, instruc- 
tion or amusement, shall provide such means 
of communicating alarms of fire, accident or 
danger, to the police and fire departments re- 
spectively a* the lire commissio ner or polict 


THE CHARTER FOR THE GREATER NEW YORK. 


79 


board may direct, and shall also provide such 
fire hose, fire extinguishers, buckets, axes, 
fire hooks, fire doors and other means of pre- 
venting and extinguishing fires as said fire 
commissioner may direct. In every building 
used or occupied as a hotel, lodging house 
or public or private hospital or asylum, there 
shall be employed by the owner or proprietor, 
or other person or persons having the charge 
or management thereof, one or more watch- 
men, whose exclusive duty it shall be to visit 
every portion of such building, at regular 
and frequent intervals, under rules and reg- 
ulations to be established by the fire commis- 
sioner, for the purpose of detecting fire or 
other sources of danger, and giving timely 
warning thereof to the inmates of the build- 
ing. In every room in each of said build- 
ings there shall be posted a card, upon 
which shall be printed a diagram showing 
the exits, halls, stairways, elevators and fire 
escapes, and in the halls and passageways, 
signs shall be posted Indicating the location 
of the stairs and fire escapes. In each of 
the said buildings there shall be placed and 
provided electrical or other alarms and time 
detectors, to be approved by the fire com- 
missioner, by means of which the movements 
of said watchman may be recorded, and 
through which alarms of fire or other danger 
may be instantly communicated, by means 
of bells or gongs, to every portion of the 
building. Said electrical apparatus, and all 
other appliances placed or kept within any 
of said buildings for the purpose of prevent- 
ing or extinguishing fires, or for affording 
means of escape therefrom in case of fire, 
shall be kept at all times in good working or- 
der and proper condition for immediate use, 
and any member of the uniformed force of 
said department may enter any of the said 
buildings at any time for the pur- 
pose of inspecting said apparatus or ap- 
pliances. The fire commissionermay detail, not 
to exceed two members of the uniformed 
force of said department, at each and every 
place of amusement where machinery and 
scenery are in use, while such place is open 
to the public, whose duty it shall be to guard 
against fire, and who shall have charge and 
control of the means provided for Its ex- 
tinguishment, and shall have control and 
direction of the employes of the place to 
which they may be detailed for the purpose 
of extinguishing any fire which may occur 
therein. It shall also be the duty of such 
member or members of the uniformed force 
of said department to inspect every portion 
of the building or buildings to which they 
may be detailed, during public performances 
therein, for the purpose of guarding and pro- 
tecting the occupants from fire or panic. 
Whenever any member of the uniformed 
force of said department shall discover in 
any inside aisle or passageway In any such 
place of amusement any camp stools, chairs, 
sofas oi* other obstructions, or any person or 
persons standing or sitting therein during 
any public performance, it shall be the duty 
of such member of the uniformed force forth- 
with to notify the proprietor or manager of 
such pflace of amusement, or any usher, 
agent or other employe of such proprietor or 
manager then present, to cause such obstruc- 
tion to be forthwith removed, or to cause the 
person or persons standing or sitting in such 
aisles or passageways to forthwith vacate 
the same. If the manager or proprietor, or 
such usher, agent or employe shall cause or 
permit any camp stool, chairs, sofas or other 
obstructions to be placed or remain in any 
aisle or passageway, in any such place of 
amusement, or shall cause, or permit any 
person to stand or sit therein during any 
public performance, or, having been so noti- 
fied, shall neglect or refuse to cause such 


obstruction to be forthwith removed, or to 
cause such person or persons to forthwith 
vacate said aisles or passageways, they shall 
each severally be deemed to have violated the 
provisions and requirements of this title and 
the regulations or orders duly made there- 
under, and shall be subject to the penalties 
prescribed in this act. In all places 
of public amusement or entertainment, 
not included in the foregoing provis- 
ions, except in fireproof buildings, there 
shall be employed, by the owner or 
proprietor thereof, one or more watchmen 
whose exclusive duty it dhall be to protect 
and guard the inmates of such buildings 
from fire and other sources of danger. 

Gunpowder and other explosives: sales thereof 

regulated. 

Sec. 763. No person shall manufacture, have, 
keep, sell or give away any gunpowder, 
blasting powder, gun cotton, nitroglycerine, 
dualln, or any explosive oils or compounds 
within the corporate limits of the city of New 
York, except in the quantities limited, in the 
manner and upon the conditions herein pro- 
vided, and under such regulations as the fire 
commissioners shall prescribe; and said com- 
missioner shall make suitable provision for 
the storage and safe keeping of gunpowder 
and other dangerous and explosive compounds 
or articles enumerated under this title, be- 
yond the Interior line of low water mark in 
the city of New oYrk. The said com- 
missioner may issue licenses to persons 
desiring to sell gunpowder or any of the 
articles mentioned under this section at re- 
tail, at a particular place in said city to be 
named in said license (provided that the same 
shall not be in a building used in any part there- 
of as a dwelling, unless specially authorized 
by said license,) and persons so licensed may 
have on their premises, if actually kept for 
sale, a quantity not exceeding at any one time, 
of nitroglycerine, five pounds; of gun cotton, 
five pounds; of gunpowder, fourteen pounds; 
blasting powder, twenty-five pounds; and all 
of said articles shall be put up In tight metal- 
lic canisters, containing, or capable of con- 
taining not more than one pound each; and the 
person so licensed shall place on some con- 
spicuous part of the front of the stores or 
buildings in which they may be licensed to 
sell powder, or any of the articles named un- 
der this section, a sign on which shall be 
distinctly printed, in characters legible to per- 
sons passing such stores or buildings, the 
words, “Licensed to sell gunpowder,” or 
designating such other of the articles herein 
named as is there offered for sale; and every 
barrel, cask, canister, bottle, can, vessel, box 
or parcel, in which the same Is sold, or into 
which the same is delivered on being sold, 
shall be distinctly labeled with a printed sign 
or label, printed upon or firmly affixed thereto, 
describing the article contained therein, with 
the word “Danger” distinctly printed below 
the same. No nitroglycerine, dualin or gun- 
powder shall be manufactured in said city, 
and no quantities of nitroglycerine, dualin 
or gunpowder greater than above provided 
shall be kept, carried or conveyed within 
said city; except that for the purposes of dis- 
tribution to or delivery from stores and build- 
ings in said city a quantity not more than five 
quarter casks may be carried at any one time, 
during the daytime, for the purpose of 
transportation from any vessel or send- 
ing the same to said stores or 
buildings, or any vessel or place with- 
out said city; provided, that in the carrying 
or conveying tbe same it shall be protected 
by being completely and securely covered 
with a leather **ayas cover or case and 


marked “gunpowder.” The commander, 
owner or owners of any ship or ocher vessel 
arriving in the harbor of New York and 
having more chan twenty-eight pounds of 
gunpowder, dualin or nitroglycerine on board, 
shall »withln forty-eight hours after 
the arrival and before such ship or 
vessel shall approach nearer than three 
hundred yards of any wharf, pier or 
slip to the southward of a line drawn through 
the center of Seventy-third street, immedi- 
ately give written notice to the said commis- 
sioner of the fact that such powder or nltro 
glycerine is on such vessel; but it shall be 
lawful either to proceed with such ship or 
vessel co sea within forty-eight hours after 
her arrival or to transship such gunpowder, 
dualin or nitroglycerine from one ship or 
vessel to another for the purpose of immedi- 
ate transportation without landing the same; 
provided, however, that the provisions of this 
section shall not apply to any vessel receiv- 
ing gunpowder on freight on any one day, 
provided saich vessel do not remain at any 
wharf of the said city or be within three hun- 
dred yards thereof after sunset. All gun- 
powder, gun cotton, blasting powder, dualin, 
nitroglycerine or other explosive compound 
found in violation of this section shall be 
forthwith seized and safely stored and be 
sold upon three days’ notice to the owner or 
claimant; and the proceeds of such sale, after 
deducting all expenses, shall be forfeited and 
paid over to and for the use and benefit of the 
relief fund of the fire department of the city 
of New York. Nothing contained in this sec- 
tion shall be construed to apply to any ship 
or vessel of war in the service of the United 
States or of any foreign government while 
lying distant three hundred yards or upward 
from the wharves, piers or slips of the said 
city, nor to any ship or vessel of war in the 
service of the United States while lying at any 
part of the navy yarrd in the borough of 
Brooklyn. 

Fireworks and explosive compounds; manufac- 
ture and sale thereof. 

Sec. 764. No fireworks, detonating works, 
cartridge, powder train, percussion caps, col- 
lodion, nitrate of soda, nitrate of silver, ether, 
phosphorus, matches, or explosive compounds 
shall hereafter be manufactured, stored, or 
kept upon sale in the city, except at such 
places, in such manner, and in such quantities 
as shall be determined by the said commis- 
sioner in the exercise of his discretion, under 
a permit by him granted therefor, and subject 
to be revoked at any time by said commission- 
er. Fireworks, consisting of Chinese crack- 
ers, rockets, blue lights, candles, colored pots, 
lance wheels, and other works of brilliant- 
colored fires may be kept upon sale inter- 
vening the tenth day of June and the tenth 
day of July, in each year, by retail dealers, un- 
der such reasonable regulations as said com- 
missioner may prescribe, under a permit is- 
sued therefor; and no quantity of the follow- 
ing-named chemicals, acids and combustible 
materials, greater than as hereinafter enum- 
erated, shall be stored or kept in or upon any 
one building within the city, namely: Sulphur, 
1,000 pounds; manufactured matches, 500 
pounds; saltpetre, nitrate of soda, 600 pounds 
in the whole; nitrate of silver, collodion, 
ether, phosphorus, fifty pounds in the 
whole; aqua fortis, muriatic acid, nitric 
acid and sulphuric acid, not exceeding 1,000 
pounds in the whole; tar, pitch, rosin, turpen- 
tine, 100 barrels in the whole, except the 
same shall be stored and kept in such build- 
ing and manner as said commissioner may re- 


80 


THE CHARTER FOR THE GREATER NEW YORK. 


quire, under a special permit by them issued 
therefor. 

Petroleum and coal oils, etc.; sale thereof. 

Sec. 765. No person shall have, keep on sale, 
or store in any place or building within the 
corporate limits of the city, any crude pe- 
troleum, coal or any similar oil, * nor any 
of their products, either of which shall emit 
an inflammable vapor at a temperature below 
one hundred degrees of Fahrenheit, except 
under the following provisions: or any of 
their products may be stored in detached 
and properly ventilated warehouses, the outer 
walls of which shall be stone, brick, or iron, 
especially adapted for the purpose by having 
raised sills, at least two feet high, or the ground 
floor of which shall be at least two feet 
below the level of the street or adjoining yard, 
or so constructed as to actually prevent the 
overflow of such substances beyond the prem- 
ises where the same may be kept stored; 
which said warehouses shall not be occupied 
In any part as a dwelling, and if less then 
fifty feet from any adjacent dwelling the same 
must be separated by a brick or stone wall, 
at least ten feet in height and sixteen inches 
thick, constructed in such manner as said 
commissioner may prescribe, but the samemay 
be stored in such other manner as said com- 
missioner may designate under a special per- 
mit issued therefor. No refined petroleum, kero- 
sene, coal or similar oil, or earth or rock oil, 
or machinery oil, or any product thereof 
to be used for illuminating or heating pur- 
poses which shall emit an inflammable vapor 
at a temperature below one hundred degrees 
Fahrenheit, shall be kept upon sale or stored 
within the corporate limits of the city. All 
■aid articles shall be tested and their quality 
determined by sanitary surveyors authorized 
by said commissioner, using G. Tagliabue’s 
instruments, or such other instruments as 
may be designated by said commissioner, the 
barrels or packages containing the same to 
be legibly stamped or marked with said in- 
spector’s official stamp or mark. No refined pe- 
troleum, kerosene, gasoline, naphtha, or ben- 
zene, benzole, camphene, or burning fluid, or 
products or compounds containing any of said 
substances, when temporarily placed above 
the cellar or basement of any building, and in 
barrels of not over forty-five gallons each, 
or in metallic vessels or tanks, shall exceed 
In the whole quantity the contents of fifty 
of said barrels; provided, however, that the 
whole quantity of said refined oils that may 
be so kept or stored over night shall not ex- 
ceed the contents of ten of said barrels, un- 
less stored in the manner provided for storing 
crude petroleum, and when stored in cellars 
or basements, surrounded by walls of brick 
or stone, and at least two feet below the 
level or grade of the sidewalk, street, cr 
land adjacent, the whole quantity shail 
not exceed the contents of one hun- 
dred and fifty barrels, unless stored in 
warehouses specially adapted for that pur- 
pose, as required for the storage of crude 
petroleum under this section; provided, also, 
that no quantity of said oils greater than one 
barrel shall be stored or kept in any building 
occupied In any part thereof as a dwelling. 
No refined petroleum, kerosene, gasoline, 
naphtha, benzine, benzole, camphene, burn- 
ing fluid or products or compounds containing 
any of said substances, shall be kept or stored 
on or above the first story or floor of any 
building, exceeding in the whole quantity the 
contents of five barrels, of forty gallons each. 
In no case shall any of the articles named 
in this section be allowed to remain on the 
sidewalk beyond the front line of any build- 
ing, or in or upon the streets, docks, piers, 
bulkheads, slips, highways or public places 


a longer time than is actually necessary for 
the removal or leading of the same, and said 
commissioner may establish and enforce gen- 
eral regulations and issue such orders and 
special directions relative to the handling, 
lightering, carting, loading and transportation 
of the several articles named under this sec- 
tion as in his discretion shall be deemed 
necessary for the public protection, and said 
commissioner may issue special permits au- 
thorizing the keeping of any of the articles 
enumerated under this section in buildings, 
tanks or structures fireproof throughout, in 
such quantities, in such manner, and subject 
to such regulations as shall tend to secure the 
same against danger. 

Id. Continued. 

Sec. 766. No person shall sell at retail or 
give away any kerosene, or other product of 
petroleum, or any similar oil to be used for 
heating or illuminating purposes, without first 
obtaining a license therefor from the fire 
commissioner, under such rules and regula- 
tions as he may prescribe, which license shall 
be for the term of one year and shall not be 
transferable, and for every such license and 
for every renewal of th,e same the said com- 
missioner shall demand and receive the sum 
of ten dollars. Said licenses shall be posted 
In a conspicuous place in the store of the per- 
son or persons to whom the same is issued, 
and may be revoked for cause by said commis- 
sioner. Any person who shall sell any of the 
compounds above mentioned in this or the last 
section, without first obtaining a license 
therefor, shall forfeit and pay the sum of 
twenty-five dollars. But licenses for this pur- 
pose may be granted in the boroughs of 
Queens and Richmond without the payment of 
the license fee in this section prescribed. 
Criminal liability if death results from viola- 
tion of foregoing rules. 

Sec. 767. In case any person is burned by the 
explosion of any compound, the sale of which 
is prohibited by any section of this title, or 
which has not been subjected to sanitary sur- 
vey, or licensed as therein provided, and 
death ensues thereform, the person found 
guilty of selling the same shall be deemed 
guivty of a felony, and, upon conviction, Shall 
be punished by a fine of not less than one 
thousand dollars, nor more than five thousand 
dollars, or by imprisonment in the state pris- 
on for a term not less than one year nor 
more than five years; and in case of a bodily 
injury the party injured may maintain an ac- 
tion for damages against the party violating 
tho provisions of this title. Any dealer who 
shall present and deliver for sanitary survey 
a sample of oil different from, and which 
does not represent the quality of oil actually 
kept by him or her for sale, and not taken 
from the actual stock being offered for sale, 
and of the same quality therewith, shall for- 
feit and pay the sum of fifty dollars. If any 
fire insurance company, organized under the 
laws of this state, or any insurance company 
of any other state, or any foreign insurance 
company authorized to do the business of in- 
surance in this state, shall Indorse upon any 
policy issued by them the right or privilege 
to keep, deal in, give away, sell, or use any 
article or compound of a combustible or ex- 
plosive character, the sale of which is made 
unlawful by any act of the legislature of this 
state, or shall cause or permit such indorse- 
ment to be made by others upon their policies 
of insurance, they shall for each and every 
such offense forfeit and pay a fine of five hun- 
dred dollars. 

Fires and lights on vessels transporting petro- 
leum. 

Sec. 768. It Shall be unlawful for the own- 
er, or for any of the officers, employes, or 


crew of any ship, vessel, canal boat, barge, 
lighter, beat or other craft lying at or with- 
in one hundred and fifty feet of any ware- 
house, yard, shed, dock, pier, bulkhead, wharf, 
or other place within the city of New York, 
at, in, or on which petroleum oil, or any of 
its products, is stored, or kept for export, 
or in quantities exceeding ten thousand gal- 
lons; or, for any other person or persons, to 
bring, keep, have, or use, or suffer or permit 
to be brought, kept, had, or used on 'board 
of any such ship, vessel, canal boat, barge, 
lighter, boat or other craft, or at, in, or on 
any such warehouse, shed, yard, dock, pier, 
bulkhead, wharf, or other place, any lighted 
match, or lighted cigar, cigarette, or pipe, 
or any fire or light of any kind, without, or 
otherwise than in strict conformity wit,h* the 
written permission of the owner, lessee or 
superintendent of such warehouse. Shed, yard, 
dock, pier, bulkhead, wharf, or other place, 
specifying 'the fire or light to be kept, had, 
or used, the particular purpose for, and the 
place or spot ait which the same may be so 
kept, had, or used, and the particular man- 
ner of keeping, having, or using the same. 
Thjs section shall not apply to steam tugs 
while transacting their ordinary business, nor 
►to steam fire engines engaged in extinguish- 
ing fires. Every violation of this section shall 
be a misdemeanor, triable before the court of 
special sessions. 

Storage of certain chemicals regulated. 

Sec. 769. Except upon the approval of tho 
fire commissioner, no quantity of the follow- 
ing named chemicals and combustible mater- 
ials greater than is hereinafter enumerated 
shall be stored or kept in or upon any ono 
building within the city, nanfely: Hemp, or 
flax, unbaled, two thousand pounds in the 
whole; varnish, rosin, twenty barrels in the 
whole; alcohol, pure spirits, camphene, burn- 
ing fluid, five barrels in the whole; unslacked 
lime, ten barrels; vitriol, five carboys in the 
whole; loose wood shavings, one hundred 
pounds; except the same shall be stored and 
kept upon an open space of ground, surround- 
ed by a wall constructed entirely of fire proof 
materials, at least twelve feet high and 
twelve inches thick; or within a fire proof 
building remote or distant at least fifty feet 
from any adjacent building. 

Id.: of certain vegetable products. 

Sec. 770. No quantity of cotton, hay, straw, 
flax, hemp, husks, rushes, oakum, rags, sea- 
weed, jute or other vegetable fiber when 
pressed or baled, greater than twenty tons 
in the whole, shall be stored or kept in any 
building within the city of New York, unless 
kept in a building fireproof throughout, or 
upon an open space of ground surrounded by 
a wall constructed entirely of fireproof ma- 
terials, at least twelve feet high and twelve 
Inches thick, or within a fireproof building, 
remote or distant at least fifty feet from any 
adjacent building, or in a building approved 
by the New York board of underwriters or 
the fire commissioner, and of which approval 
a certificate shall have been issued by said 
board or commissioner, and shall not have 
been revoked; and tone of the articles enu- 
merated in this section, when loose or not 
baled, shall be kepit as aforesaid in quantity 
exceeding one thousand pounds in the whole; 
excepting in a private stable, in which may 
be kept such loose hay and straw in quantity 
not exceeding twenty-five hundred pounds in 
the whole, except upon the approval of the 
fire commissioner. No person shall have, put 
or keep any hay or straw uncovered in any 
stack or pile, or in any other way exposed, 
within one hun<Jred yards of any building in 
said city, or shall have, put or keep within 
said city any hay, straw, hemp, flax, shav- 


THE CHARTER FOR THE GREATER NEW YORK. 


81 


ings or rushes in any building not built of 
stone, or brick, or iron, or covered with tile 
ot slate, or other fireproof material, which 
is or shall be within ten feet of any dwelling 
house or chimney whatsoever, except upon 
like approval. 

Right to enter buildings, etc., for purposes of 

examination. 

Sec. 771. The commissioner and his offi- 
cers or agents, under the direction of the 
commissioner, or either of them, are hereby 
empowered at any and all times to enter into 
and examine all buildings, dwelling houses, 
livery and other stables, hay boats or ves- 
sels and places where any merchandise, 
gunpowder, hemp, flax, tow, hay, rushes, 
firewood, boards, shingles, shavings or oth- 
er combustible materials may be lodged, for 
the purpose of ascertaining all violations of 
any of the provisions of this title, and also 
the places where ashes may be deposited, 
and upon finding that any of them are de- 
fective or dangerous, or that a violation of 
this title exists therein, may deliver a writ- 
ten or printed notice, containing an extract 
from this title, of the provisions in reference 
thereto, and notice of any violation thereof, 
and notice to remove, amend or secure the 
same within a period to be fixed therein. 
And in case of neglect or refusal on the part 
of such occupant or of the possessor of such 
combustible materials, or any of them, so to 
remove, amend or secure the same within 
the time and in the manner directed by the 
said commissioner in such notice, the party 
offending shall forfeit and pay, in addition 
to any penalty otherwise imposed, the sum of 
twenty-five dolars, and the further 
sum of five dollars for every day’s neglect to 
remove, amend or secure the same after 
being so notified. All the expenses of any 
removal, alteration or amendment as afore- 
said, shall be paid in the first instance by the 
occupant, but shall be chargeable against the 
owner of such dwelling house or other build- 
ing, and shall be deducted from the rent of 
the same, unless such expense be rendered 
necessary by the act or default of such occu- 
pant, or unless there be a special agreement 
to the contrary between the parties. 

Information to be furnished by holders of per- 
mits. 

Sec. 772. All persons or corporations who 
shall be required to have and obtain permits 
shall furnish such information as may be re- 
quired, touching the condition of any build- 
ing and the business therein proposed to be 
conducted, preliminary to obtaining such per- 
mits. 

Fines and penalties. 

Sec. 773. Any person, persons or corpora- 
tions for the violation of or non compliance 
with any of the several provisions of the sev- 
eral sections of this title, when the penalty is 
not therein specially provided, shall severally 
forfeit and pay a fine or penalty in the sum 
of fifty dollars for each and every offense or 
shall forfeit and pay the penalties respect- 
ively imposed under any of said sections, and 
shall also be severally liable for any costs or 
expenses that may be incurred by any viola- 
tion of, or non compliance with, any require- 
ment under said sections, and shall also be 
severally liable for the payment of the fur- 
ther penalty of the sum of fifty dollars for 
any violation of, or non compliance with, any 
regulation, order or special direction issued by 
said commissioner, or for failure to attend and 
testify as required by any su'bpena, issued, as 
authorized under this chapter. Said commis- 
sioner maiy, in his discretion, pay a portion 
of a fine or penalty when collected, not to 


exceed one-half thereof, to any person giving 
information of any such violation. All suits 
and proceedings authorized by this title or 
to recover any penalty for the violation of 
or failure to comply with any law or any rule, 
regulation, order or requirement of, or made 
pursuant to the provisions of any law, the en- 
forcement of which is charged upon said de- 
partment or any of the several bureaus there- 
of, shall be brought by and in the name of 
the fire commissioner of the city of New 
York, but no fees or costs shall be demanded 
of said department In any such suit or pro- 
ceeding. Any person who shall wilfully vio- 
late or neglect or refuse to comply with any 
provision or requirement of this title or any 
regulation, order or special direction duly 
made thereunder, shall also be guilty of a mis- 
demeanor. 

TITLE 4. 

FIRE MARSHALS AND INVESTIGA- 
TION OF ORIGIN OF FIRES. 

Investigation of fires, etc. 

Sec. 779. The fire commissioner is hereby 
authorized to appoint and remove a fire mar- 
shal for the boroughs of Manhattan, the 
Bronx and Richmond, and a fire marshal to be 
seated in Brooklyn and to exercise his powers 
within the boroughs of Brooklyn and Queens. 
Said fire marshals shall, within such bor- 
oughs, respectively, to which they may be as- 
signed, have and possess all the powers here- 
tofore conferred by law upon the fire marshal 
of the corporation heretofore known as the 
'mayor, aldermen and commonalty of the city 
of New York. The salary of each of said 
fire marshals shall 'be $3,000 a year. The fire 
commissioner, himself, or by said marshals, 
Is hereby authorized and empowered to inves- 
tigate, examine and inquire Into the origin, 
details and management of fires in the city, 
and also of any supposed cases of violations 
of any of the provisions of this chapter or of 
any of the several regulations, orders, or 
special directions issued by the fire commis- 
sioner for the purpose of the discovery of any 
delinquency in the non-performance of duty 
or violation of discipline on the part of any 
officer, agent or employee of said fire depart- 
ment, or any supposed cases of arson or in- 
cendiarism, which may be brought to his no- 
tive; and said fire commissioner in and about 
any examination, investigation or inquiry be- 
fore him or his marshals, touching any mat- 
ter or thing therewith connected, may sub- 
pena and compel the attendance of any per- 
son or persons, and the production of any 
books, papers, archives, or documents in his 
or their possession, or under his or their con- 
trol, in the judgment of the fire commissioner 
connected with and necessary to such exami- 
nation, investigation, or inquiry, before him 
or his marshals, at the time and place therein 
named; and for the purpose aforesaid the cor- 
poration counsel may, at any time, obtain to 
be issued subpenas out of the supreme court, 
tested under the name of a justice of saidcourt, 
in like form and with like effect as though 
issued by said justice in any action pending 
in a court of record, and said subpena may 
be served, and proof of such service may be 
made, in the same manner as now by law pro- 
vided for the service of subpenas out of said 
court; and upon proof of service and proof of 
non-compliance, failure to attend and testify 
on the part of any person or persons, as re- 
quired by said subpena, or failure or refusal 
on the part of any person or persons to pro- 
duce any such books, papers, archives, or doc- 
uments, in his or their possession, or under 
his or their control, or a failure or refusal on 
his or their part to answer any question put 


to him or them, and pertinent thereto, upon 
any examination, inquiry or investigation as 
aforesaid, application may be made before any 
justice of said court, who shall, in case he 
shall decide such question pertinent and prop- 
er to be answered, thereupon cause to be ar- 
rested, and may punish as for a contempt of 
the orders of said court, the person or per- 
sons named in said subpena, and in such case 
the laws, rules and proceedings relating to 
punishment for contempts, and usual in said 
court, or before any justice thereof, shall be 
applicable thereto. Said commissioner and fire 
marshals, in conducting any examination or 
inquiry as aforesaid, are hereby authorized 
to administer any oath or affirmation in the 
matter, and any false swearing under said 
oath or affirmation thus administered shall be 
perjury, and punishable as such in such man- 
ner as now provided under the laws applica- 
ble thereto; and said examination or investi- 
gation may be continued and adjourned by 
the said commissioner or fire marshal con- 
ducting the same, from time to time, and at 
such time and place as shall be designated, 
and any person subpenaed as aforesaid shall 
attend and testify upon said adjourned day or 
days, and at the time and place designated, 
and of which they shall have been notified, as 
though the same had been named in said sub- 
pena, and with like effect as to any failure to 
appear and answer under the requirements 
therein contained; provided, that any testi- 
mony or evidence taken as aforesaid shall 
be for the information and instruction of said 
fire commissioner in the discharge of his du- 
ties, and in the prevention of future fires, and 
the protection of property, and shall be care- 
fully kept in the archives and possession of 
said fire department, and shall in no manner 
be used in any criminal proceeding or action, 
but may be placed before any grand jury in 
said city of New York. Such investigations 
in relation to the subject matter hereinabove 
defined within the boroughs of Brooklyn and 
Queens, shall be carried on by the deputy 
commissioner and fire marshal seated in the 
borough of Brooklyn, under the direction of 
said fire commissioner. 

Fire marshals may enter buildings to examine 

them. 

Sec. 780. It shall be the duty of a marshal, 
or his officers and agents, when authorized by 
him in writing so to do, to enter into any 
building or premises within said city for the 
purpose of examining, or causing to be ex- 
amined, the stoves and pipes thereto, ranges, 
furnaces and heating apparatus of every kind 
whatsover, including the chimneys, flues and 
pipes with which the same may be connected, 
engine rooms, boilers, ovens, kettles, and also 
all chemical apparatus or other things which 
in his opinion may be dangerous in causing 
or promoting fires, or dangerous to the fire- 
men or occupants in case of fire; and upon find- 
ing any of them defective or dangerous, or ini 
any manner exposed or liable to fire from any 
cause, he shall report the same to the commis- 
sioner, who may thereupon issue orders or spe- 
cial directions, either printed or written, di- 
recting the owner or occupant to alter, remove 
or remedy the same in such manner and with- 
in such reasonable time as may be necessary, 
and in respect thereto may authorize and di- 
rect the use of such materials and appliances 
as shall be deemed proper and necessary; and 
in case of neglect or refusal so to do within 
the time prescribed by such orders or direc- 
tions, such fire marshal, under the direction 
of said commissioner, shall cause said altera^ 
tion, removal or other necessary aot or work 
to be done, and the expense thereof shall b* 
charged to the party so offending, to be sue$ 


j 


82 


THE CHARTER FOR THE GREATER NEW YORK. 


for and recovered in the manner herein pro- 
vided for the recovery of fines and penalties 
under this chapter. 

Id. To trace the cause of fires; arrest of sus- 
pected persons. 

Sec. 781. It shall be the duty of a fire mar- 
shal to examine into the cause, circumstances, 
and origin of fires occurring in said city, by 
which any building, vessels, vehicles, or any 
valuable personal property shall be accident- 
ally or unlawfully burned, destroyed, lost or 
damaged, wholly or partially; and to especial- 
ly inquire and examine whether the fire was 
the result of carelessness or the act of an in- 
cendiary. Such fire marshal shall take the 
testimony, on oath, of all persons supposed 
to be cognizant of any fact or to have means 
of knowledge in relation to the matters here- 
in required to be examined and inquired into, 
and cause the same to be reduced to writing, 
verified and transmitted to the fire commis- 
sioner with .his report in writing, embodying 
his opinion and conclusions in relation to 
the matter investigated. Such fire marshal 
shall report in writng to the fire department, 
to the police department, to the district at- 
torney, to the New York board of fire under- 
writers, to the owners of property, or other 
persons interested in the subject matter of 
Investigation, any facts and circumstances 
which he may have ascertained by such in- 
quiries and investigations which shall, in his 
opinion, require attention from or by either 
of said departments, officers or persons; and 
It shall be the duty of such fire marshal, 
whenever he shall be of opinion that there 
is evidence sufficient to charge any person 
with the crime of arson, to cause such per- 
son to be arrested and charged with such 
offense, and furnish to the district attorney 
all the evidences of guilt, with the names of 
witnesses, and all the information obtained 
by him, including a copy of all pertinent and 
material testimony taken in the case; and he 
shall specially report to the fire commission- 
er, as ofton as such commissioner shall re- 
quire, his proceedings, and the progress made 
in all prosecutions for arson and the result 
of all cases which are finally disposed of. 

Id.; May compel attendance of witnesses. 

Sec. 782. A fire marshal shall have power to 
Issue a notice in the nature of a subpena, in 
such form, and subscribed in such manner, 
as the fire commissioner shall prescribe, to 
compel the attendance of any person as a 
witness before him, to testify in relation to 
any matter which is, by the provisions of this 
title, a subject of Inquiry and investigation 
by the said marshal. The said marshal shall 
be, and is hereby authorized to administer 
and verify oaths and affirmations to persons 
appearing as witnesses before him; and false 
swearing in any matter or proceeding afore- 
said shall be deemed perjury and shall be pun- 
ishable as such. Upon the presentation of 
satisfact:ry proof of due service of any such 
notice in the nature cf a subpena, upon any 
such witness, and of a failure by such witness 
to i toy tha same, it shall bn the duty of the 
fire c mmteskner to make an order that the 
said vvlr-c-r be arrested and brought before 
said mr iial, to testify what such witness 
may know in relation to the subject matter of 
inquiry. Such order may be executed by any 
member cf the police f:ree, by arresting and 
bringing such witness fcefere the said marshal, 
but such witness shall no; be detained longer 
than Is necessary to take such testimony. 
The fire marshals shall have authority at all 
times cf the day nr night, 'n per' rmance of 
the duties imposed by the provlskns of this 
title, to enter upon and cxiniine any building 
or premises, when any fire shall have occurred. 


and the buldings and premises adjoining and 
near to thait in which the fire occurred. 

Id.: Commissioner may supervise investiga- 
tions by. 

Sec. 783. It shall be the duty of the fire com- 
missioner to supervise and direct, whenever 
he shall be of opinion that the public Interest 
will be subserved thereby, the Investigations, 
examinations, and proceedings of said mar- 
shals, and make all needful and proper rules 
and regulations in relation to the duties of the 
office, and the manner of performing the 
same. 

TITLE 5. 

RELIEF FUND AND PENSIONS. 

Of what fund consists: officers and investment. 

Sec. 789. The New York fire department 
relief fund shall consist of: 

1. The capital, interest, income, dividends, 
cash deposits, securities and credits formerly 
or now belonging to said funds in any of the 
municipal and public corporations, or parts 
thereof, hereby consolidated into the city of 
New York. 

2. All forfeitures and fines imposed by the 
fire commissioner, from time to time, upon 
any member or members of the fire depart- 
ment force by way of discipline. 

3. All rewards in money, fees, gifts, testi- 
monials and emoluments that may toe paid or 
given for account of extraordinary services 
by any member of the fire department force, 
except such as have been or shall be allowed 
by the fire commissioner, to be retained bjf 
said member or members, and such as have 
been or shall be given to endow a medal or 
other permanent or competitive reward. 

4. All proceeds of suits for penalties, under 
title three of this chapter, and all license 
fees payable under the same. 

5. All proceeds of sales of condemned 
horses and other personal property in use by 
said department. 

6. All moneys, pay, compensation or salary, 
or any part thereof forfeited, deducted or 
withheld from any member or members of 
the fire department force, for or on account of 
absence from duty, to he paid monthly to 
the treasurer of the said relief fund, by the 
controller of the city of New York, and the 
fire commissioner is authorized and empow- 
ered, in his discretion, to deduct and with- 
hold pay, salary or compensation from any 
member or members of said force, for or on 
account of absence from duty, except when 
such absence shall be caused by sickness or 
disability, for which leave of absence shall 
have been granted, in accordance with the 
rules of said department. 

7. Ten percentum annually of all excise 
moneys or license fees belonging to the city 
of New York, as constituted by this act, and 
derived or received by any commissioner of 
excise or public officer, from the granting of 
licenses, or permission to sell strong or spirit- 
uous liquors, ale, wine or beer, in the city of 
New York, under the provisions of any law 
of this state authorizing the granting of any 
such licenses or permission; the said tep per 
centum thereof to be paid quarterly by the 
controller of said city, who is hereby au- 
thorised and required to pay the same to the 
treasurer of the said relief fund, for the 
benefit thereof, without any action of author- 
ity of cr from the board of estimate and ap- 
portionment, such sum to amount in each 
and every year to not more than $150,000. 
The commissioner of the fire department of 
the city of New York is hereby constituted 
and declared to be the trustee of the New 
York fire department relief fund, shall receive 
all moneys applicable to the same and deposit 


the same, as such treasurer, to the credit of 
such relief fund, in banks or trust companies 
to be selected by him, and continue to re- 
ceive and deposit the funds applicable to the 
same, as received, to the credit of said fund, 
or to invest the same in bond and mortgage 
on improved property worth twice the amount 
loaned, cr in public stocks, as said trustee 
may deem most advantageous for the object 
of such fund, and said trustee is empowered 
to make all necessary contracts, and to take 
all necessary remedies in the premises. The 
treasurer of said fund shall give a bond, with 
one or more sureties, in the sum of $20,000, 
for the faithful performance of his duties* 
said bond to be approved by the controller 
and filed in his office. And the said trus- 
tee for and on behalf of the uses and purposes 
of said fund, shall be entitled to receive, and 
there shall be paid to him all duties, taxes, 
allowances, fines, penalties and fees to which 
the fire department of the city of New York 
as at any time heretofore established, has 
been or iB now entitled, except as in this act 
otherwise specially provided, and the said 
trustee may take, by gift, grant, devise or 
bequest, any money, real or personal proper- 
ty, right of property for other valuable thing, 
the annual income of which shall not exceed 
$30,000 in the whole; and in any year, when 
the condition of the said relief fund shall 
render it, in the judgment of the said trustee, 
necessary, he may receive from the board 
of estimate and apportionment of the city of 
New York, a sum not exceeding $10,000, to 
be included in the annual estimate of the fire 
commissioner and drawn and collected by 
him in like manner as the other moneys ap- 
plicable to his expenses; and such amounts 
so obtained shall, in like manner, be paid to 
and applied by the treasurer to the uses of 
said fund, by deposit or investment as herein- 
before provided, as the trustee thereof shall 
direct; provided, that the sum of $200,000, 
which may be received and accumulated un- 
der the provisions of this title, shall be re- 
served and retained as a permanent fund, the 
annual income of which may be made available 
for the uses and purposes of said relief fund. 

Retiring members of fire department; pensions, 
etc. 

Sec. 790. The fire commissioner shall have 
the power to retire from all service in the 
said fire department, or to relieve from 
service at fires, any officer or member 
of the uniformed force of said department, 
who may, upon an examination by the medi- 
cal officers, ordered by the said fire commis- 
sioner, be found to he disqualified, physically 
ot mentally, for the performance of his du- 
ties; and the said officer or member so retir- 
ed from service shall receive from said re- 
lief fund an annual allowance as pension in 
case of total disqualification for service, or 
as compensation for limited service in case 
of partial disability; in every case, the said 
fire eemmiesioner 16 to determine the cir- 
cumstances thereof, and said pension or al- 
lowance so allowed Is to he In lieu of any 
salary received 'by such officer or member at 
the date of his being so relieved or retired 
from fire duty in said department, and the 
said department shall not he held liable for 
the payment of any claim ot demand for serv- 
ices thereafter rendered, and the amount of 
such pension or allowance shall he deter- 
mined upon the following conditions: In case 
of total permanent disability, at any time, 
caused In o-r Induced by the actual perform- 
ance of the duties of hls position, or which 
may occur affeT ten years’ active and contin- 
uous service in the said fire department, the 
amount of annual pension to be avowed shall 
be one-half of the annal oompeneatin allowed 


83 


THE CHARTER FOR THE GREATER NEW YORK. 


such officer or member as salary at the date 
of his retirement from the service, or such 
less sum in proportion to the number of of- 
ficers and members so retired as the con- 
dition of the fund will warrant. But should 
permanent disability caused by injuries re- 
ceived in the active discharge of hie duties 
disqualify him only from performing active 
duty in the uniformed force, he shall he em- 
ployed at the salary received when such dis- 
ability ocourred in some position in the de- 
partment not requiring active service as a 
fireman. In case of total permanent disabil- 
ity not caused in or induced by the actual 
performance of the duties of his position, or 
which shall have occurred before the expira- 
tion of ten years’ active and continuous serv- 
ice in the said fire department, the amount 
of annual pension to he alio- wed shall be o-ne- 
third of the annual compensation allowed 
such officer or member as salary at the date 
of bis retirement from the service, or in pro- 
portion to the number of officers and members 
so retired, as 'the condition of the fund will 
warrant. In case of partial permanent disa- 
bility, caused in or Induced ’by tbe actual 
performance cf the duties of hi6 position, or 
which may occur after ten years’ active and 
continuous service in the said fire depart- 
ment, the officer or member so disabled 6hall 
be relieved from active service at fires, but 
shall remain a member of the uniformed 
force, subject to the rules governing said 
force, and to the performance of such light 
duties as the medical officer of the 6ai ; d fire 
department may certify him to be qualified 
to perform; and the annual allowance to he 
paid such member or officer shall be one-half 
of the annual compensation allowed as 
salary at the date of his being 
so relieved, or such less sum, in propor- 
tion to the number of officers and mem- 
bers so retired, as the condition of the fund 
will warrant. In case of partial permanent 
disability, not censed or induced by the actual 
performance of the duties of his position, or 
which may occur before ten years’ active and 
continuous service in the said fire depart- 
ment, the officer or member so disabled shall 
be relieved from active service at fires, but 
shall remain a member of the uniformed 
force, subject to the rules governing said 
force and to the performance of such light 
duties as the medical officer of said depart- 
ment may certify him to be qualified to per- 
form, and the annual allowance to he paid 
such officer or member shall not exceed one- 
third of the annual compensation allowed as 
salary at the date of his being so relieved, or 
such less sum as the fire commissioner may 
in his discretion determine or as the condition 
of the fund wLll warrant. Any officer or 
member of the uniformed force of the said 
fire department of the city of New York who 
has or shall have performed duty therein for 
a period of twenty years or upward shall, 
upon his own application in writing or upon a 
certificate of the board of medical officers 
showing that such member is permanently 
disabled, physically or mentally, so as to be 
unfit for duty, be retired and dismissed from 
said force and .service and placed on the roll 
of the relief or pension fund, and awarded 
and granted, to be paid from the said relief 
or pension fund, an annual pension during 
his lifetime of a sum not less than one-half 
the full salary or compensation of such mem- 
ber so retired. Tbe pensions granted under 
this section shall be for the natural life of 
the pensioner, and shall not be revoked, re- 
pealed or diminished; provided, however, that 
no member of either of the uniformed fire de- 
partments by this act consolidated having a 
right to retire on pension at the time this 
act takes effect shall be deprived of such 
right by reason of his remaining a member 


of said fire department, or of anything in this 
act contained. 

Trustee of relief fund; when to pay pensions. 

Sec. 791. The trustee of the relief fund is 
authorized and empowered from time to time, 
to pay a pension out of the said relief fund to 
the widow, child or children or dependent parent 
or parents of any deceased officer or member of 
the uniformed force of the said fire depart- 
ment, if the death of such officer or member 
occur during his service in the said uniformed 
force, or after he was retired from service 
in said uniformed force; provided that the 
amount of any such pension to be paid by the 
said trustee, to each of the several representa- 
tives of such officer or member as aforesaid 
(in case there shall be more than one), may be, 
from time to time, determined by the said 
trustee according to the circumstances of 
each case, and that such pension may be or- 
dered to cease and terminate at any time if, 
in the opinion of the trustee, the circum- 
stances should warrant the same; and further 
provided that not more than $300 shall be paid 
in any one year to the representative or repre- 
sentatives of such officer or member, and that 
no part of such sum shall be paid to any such 
widow who shall marry again after her remar- 
riage, or to any child after it shall have 
reached the age of 16 years. In case any offi- 
cer or membeT of the uniformed force of said 
department is hereafter killed while actually 
engaged in the performance of duty, ot if 
death ensues as the immediate effect of in- 
juries so received the trustee of said relief 
fund shall have the power to award to the 
widow of such officer or member an annual al- 
lowance as a pension, to be paid out of the said 
relief fund, in amount not to exceed one-half 
of the salary or compensation of such officer 
or member at the date of his decease. If such 
officer or member dying leaves no widow sur- 
viving him, but leaves a child or children, un- 
der the age of 18 years, or dependent parent or 
parents, the said trustee shall have the power 
to award to the legal guardian of such child or 
children, or dependent parent or parents, for 
its or their support and maintenance, 
an annual allowance out of said relief fund, 
in amount not to exceed one-half of the salary 
or allowance of such officer or member at the 
date of the decease. The amount of such an- 
nual allowance to any such widow shall not 
exceed the sum of $1,000, «id shall cease upon 
her death or remarriage, or if she shall have 
been guilty of conduct which, in the opinion 
of said trustee, renders further payment inex- 
pedient. The amount of such annual allowance 
to any one such child, or dependent parent or 
parents, shall not exceed the sum of $500, and 
In every case such payment shall cease upon 
the death or marriage of such child, or upon 
its reaching the age of 18 years. If such pay- 
ment to the wido w of any such officer or mem- 
ber shall cease by reason of her death, remar- 
riage or misconduct, the said trustee shall 
have power to make payments to the child or 
children or dependent parent or parents of 
such officer or member, if any, as though he 
had died without leaving a widow surviving 
him. The widows and orphans and retired 
members of the Brooklyn fire department, or 
of any other fire department of any of the 
municipal and public corporations or parts 
thereof hereby consolidated, shall be en- 
titled to receive from the fire department 
pension fund herein created the amounts 
which they would respectively have been 
legally entitled to receive on the 31st day 
of December, 1897, from any fire department 
pension or relief fund heretofore existing in 


any of said municipal corporations or parts 
thereof. 

Life insurance fund. 

Sec. 792. The life insurance fund shall con- 
sist of all moneys that are now to the credit 
of the New York fire department life insur- 
ance fund and the Brooklyn fire department 
widows’ and orphans’ relief fund; and all per- 
sons who have paid into the said respective 
funds, and who shall continue to pay into 
the life insurance fund, shall receive the ben- 
efits of said fund as provided in this chapter. 
There , shall be deducted from the monthly 
pay of each' officer and fireman of said depart- 
ment, and from the monthly pension of retir- 
ed members of said department, and from the 
pay of such other employes of said depart- 
ment as shall heretofore have availed' them- 
selves of this provision, the monthly sum of 
one dollar, which shall be received and held 
by the treasurer of the relief fund, in the like 
manner as the other moneys herein provided 
to he paid to him, and which shall he known 
as the New York fire department life insur- 
ance fund; and in case of the death of any 
member or employe of said department in 
the service thereof, who has availed himself 
of this provision, or of any pensioned or re- 
tired member of said department, and so 
contributing, there shall be paid to the widow, 
or if there he no widow, then to the legal 
representatives of such deceased member, or 
employe, or pensioned and retired member, th» 
sum of one thousand dollars out of the mon- 
eys so assessed; and in case, by reason of the 
number of deaths, the aggregate amount of 
money so provided to be assessed and collect- 
ed should prove Inadequate to make such pay- 
ment, then the assessment may, In the dis- 
cretion of said trustee, be increased to not 
exceeding the sum of two dollars in each 
month's pay or each month's pension 
of pensioned and retired members 
of said department. None but mem- 
bers of the uniformed force shall hereafter 
be eligible to membership in this fund. If 
in, any year, owing to an excessive mortality 
in the uniformed force, the condition of said 
life insurance fund shall render fit, in the 
judgment of the said trustee, necessary, a 
sum not exceeding five thousand dollars may 
be transferred and paid over from the said 
relief to the said life insurance fund for th® 
use and purpose of said life insurance fund. 

TITLE 6. 

TAX UPON FOREIGN INSURANCE 
COnPANIES. 

Corporations liable to taxation. 

Sec. 798. Any corporation or association 
created by or organized under the laws of 
any government other than the states of this 
Union, and having assets, funds or capital, 
not less in amount than one hundred and fifty 
thousand dollars, invested in this state, shall 
be liable to taxation upon such assets, funds 
or invested capital, as the same is levied or 
assessed yearly by law, which tax shall be 
paid as follows: Such an amount thereof as 
would be equal to two per cent, upon its 
gross premiums received for insurance upon 
property, in the city of New York, shall, ex- 
cept as otherwise in this title provided, be 
paid annually to the fire commissioner as 
treasurer of the fire department, and the res- 
idue of said tax requisite to make up the full 
amount of taxation upon its capital shall be 
paid to the city of New York, as in the case 
of ordinary taxation, and the payments so 
made as aforesaid shall exempt such cor- 
poration or association making the same 
from any and all further taxation upon its 


84 


THE CHARTER FOR THE GREATER NEW YORK. 


premiums, capital or assets, and whenever 
such capital shall be reduced below said sum 
of one hundred and fifty thousand dollars, or 
withdrawn entirely, then, and in either event, 
such corporation or association shall be lia- 
ble to pay the tax upon its premiums as 
heretofore provided in this title. 

Moneys paid to department by insurance com- 
panies, etc. 

Sec. 799. There shall be paid to the fire 
commissioner as treasurer of the fire depart- 
ment, for the use and benefit of said fire de- 
partment, on the first day of February, in 
each year, by every person who shall act in 
the city of New York, as agent for or on 
behalf of any individual or association of 
individuals, not incorporated by the laws of 
this state, to effect insurance against losses 
or injury by fire in the city of New York, 
although such individuals or association may 
be incorporated for that purpose by any oth- 
er state or country, the sum of two dollars 
upon the hundred dollars, and at that rate 
upon the amount of all premiums which, dur- 
ing the year ending on the next preceding 
first day of September, shall have been re- 
ceived by such agent or person, or received 
by any other person for him, or shall have 
been agreed to be paid for any insurance 
against loss or injury by fire in the city 
effected, or agreed to be effected, or promised 
by him as such agent. 

Account of premiums by city agent. 

Sec. 800. Every person who shall act in the 
city as agent as aforesaid shall, on the 1st day 
of February in each year render to the" fire 
commissioner as treasurer of the fire depart- 
ment 1 a just and true account, verified by his oath, 
on all such premiums which, during the year 
ending on the first day of September preced- 
ing, shall have been received by him, or by 
any person for him, or which shall have been 
agreed to be paid for any such insurance ef- 
fected, or agreed to be effected, or promised 
by him. 

Undertaking. 

Sec. 801. No person shall, as agent or other- 
wise, effect, or agree to effect, or procure to 
be effected, any insurance upon which the 
duty above mentioned Is required to be paid, 
until he shall have executed and delivered to 
the said fire commissioner as treasurer, an 
undertaking, under seal, to the fire depart- 
ment, with such sureties as the said treas- 
urer, on the first day of February, in each 
year, a just anti true account, verified by his 
oath, of all such premiums, which, during 
the year ending on the first day of September 
preceding, shall have been received by him, 
or by any person for him, or which shall have 
been agreed to be paid for any such insur- 
ance effected, or agreed to be effected, or 
promised by him, and that he will annually, 
on the first day of February in each year, pay 
to the said fire commissioner as treasurer, 
two dollars upon every hundred dollars, and 
at that rate upon the amount of such premi- 
ums. 

Id.; renewal of. 

Sec. 802. Whenever, by reason of the failure 
of the sureties, or either of them, or for any 
other cause, an undertaking given under the 
last preceding section shall have or may be 
deemed insufficient by the said fire commis- 
sioner as treasurer to secure a return of the 
account and the payment of the duty afore- 
said, or either of them, the said commission- 
er as treasurer, at his election, but not of- 

r 


tener than once in each year, may require 
such undertaking to be renewed. 

Id.; penalty for not executing. 

Sec. 803. Every person who shall effect, 
agree to effect, promise or procure any in- 
surance mentioned in the preceding sections 
of this title, without having executed and de- 
livered the undertaking hereinbefore required, 
shall for each offense forfeit $1,000, for the 
use of the said fire department; and every 
person who shall have been required by the 
fire commissioner as treasurer to renew his 
undertaking, pursuant to the last preceding 
section, who shall effect, agree to effect, prom- 
ise or procure any such insurance, without 
having executed and delivered the renewed 
undertaking, shall for each offense forfeit 
$1,000, for the use of the said fire department. 

Demand for accounts. 

Sec. 804. It shall be lawful for the fire com- 
missioner as treasurer of the fire department, 
on or after the first day of February, in 
each year, by written or printed demand, 
signed by him, to require from every person 
who shall act in the city as agent, as afore- 
said, the account provided for in this 
title, and payment of the duty provided for; 
such demand may be delivered personally to 
such agent, or at his office or place of busi- 
ness to any person having charge thereof, or 
who shall, for ten days after such demand 
neglect to render the account or to pay the 
duty demanded, or either of them, shall for- 
feit $50, for the use of the said fire department; 
and he shall also forfeit for their use $25 in 
addition for every day that he shall so neglect 
after the expiration of said ten days, and 
such additonal penalty may be computed and 
recovered up to the time of any suit for the 
recovery thereof. 

Place of business to be reported. 

Sec. 805. Every person who shill act in the 
city as agent, as aforesaid, shall, on the first 
day of February in each year, or within ten 
days thereafter, and as often in each year as 
he shall change his place of business in the 
city, report in writing, under his proper sig- 
nature, to the controller of this state, and 
also to the fire commissioner as treasurer of 
the said fire department, the street and the 
number thereof in the said city, of his place 
of business as such agent, designating in such 
report the individual or individuals and asso- 
ciation or for any breach of the undertakings, 
or either of them, provided for associations 
for which he shall be such agent. And in the 
case of default in any of these particular's, 
such person shall forfeit for every offense the 
sum of $1,000, for the use of the said fire de- 
partment. 

Suits for violations. 

Sec. 806. The duty provided to be paid by 
this title, the damages for any breach of the 
undertakings, or either of them, provided for 
therein, and the pecuniary penalties im- 
posed therein, or any or either of them, may 
be sued for and recovered, with costs of suit, 
in any court of record within this state, by 
the fire commissioner, for the use of said de- 
partment. 

Arrest of defendant. 

Sec. 807. The defendant in any action to be 
brought for the recovery of any penalty in- 
curred, or any duty or sum of money payable 
under this title, may be arrested, if he is not 
a resident of this state, or is about to remove 
therefrom. An order for the arrest of the de- 
fendant must be obtained from a judge of the 
court in which the action is brought,, or from 
a county judge. The -order shall be made 


when it shall appear to the judge, by affi- 
davit, that a sufficient cause of action exists 
under this title, and that the defendant is 
not a resident of this sitate, or is about to re- 
move therefrom. 

Tax on receipts of foreign fire insurance com- 
panies. 

Sec. 808. The corporation known as “The 
Tustees of the Exempt Firemen’s Benevolent 
Fund of the City of New York,” shall be en- 
titled to collect, and there shall be paid to it 
until the seventeenth day of January, nine- 
teen hundred and seven, the percentage or 
tax on the receipts of the foreign fire insur- 
ance companies doing business in the city of 
New York, as heretofore constituted, as pro- 
vided by this title, except as to business done 
by said foreign fire insurance companies in 
that part or portion of said city, known and 
designated as the Twenty-third and Twenty- 
fourth wards, and all returns and undertak- 
ings required by this title, except as to such 
business in the said Twenty-third and Twen- 
ty-fourth wards, shall, during such period, be 
made to the treasurer of the trustees of such 
corporation. The trustees -of the Exempt Fire- 
men’s benevolent fund of the city of New York 
shall render to the fire commissioner of the 
city of New York and to the treasurer of the 
Firemen’s association of the s-tateofNew York, 
quarterly, in each year, a sworn statement in 
detail of the amounts collected and received, 
and from whom and from what source, on 
account of said tax, during each quarter; and 
shall, at the same time, pay over to said fire 
commissioner, as treasurer, forty-five per 
centum of the amount so collected and receiv- 
ed in each quarter year, for the use and bene- 
fit of the relief fund of the fire department 
of the city of New York and to the treasurer 
of the Firemen’s association of the state of 
New York, ten per centum of the amount so 
collected and received, for the endowment, 
benefit and maintenance of the volunteer 
firemen’s home, at Hudson, Columbia county, 
New York, and the moneys so received by the 
treasurer of such association shall be paid 
by him to the treasurer of the Volunteer Fire- 
men’s Home association, upon the order of 
the board of trustees thereof, as provided by 
the bylaws of the said home association; and 
the balance of said fund shall be applied to 
the uses and purposes of said corporation, 
as defined and provided by chapter fifteen of 
the laws of eighteen hundred and eighty-six. 
The said corporation may maintain in its cor- 
porate name any action or actions in any 
court of record of this state to . recover the 
tax or percentage aforesaid during such pe- 
riod, and also to recover for the breach of 
any bond or undertaking, which has been 
given or may be given to it pursuant to the 
provisions of this title, or any penalty impos- 
ed thereby. The corporation known as “The 
Exempt Firemen’s Benevolent Fund associa- 
tion of the Twenty-third ward of the city of 
New York (late town of Morrisania, in the 
county of Westchester), in the county of New 
York,” shall be entitled to collect, and there 
shall be paid to it until the seventeenth day 
of January, nineteen hundred and seven, the 
percentage or tax on receipts of the foreign 
fire insurance companies in the Twenty-third 
and Twenty-fourth wards of the city of New 
York, as provided for by this title, and all 
returns for such business in said Twenty-third 
and Twenty-fourth wards shall, during such 
period, be made to the treasurer of said last 
named corporation. The said last named cor- 
poration shall, d tiring said period, render to 
the fire commissioner of the city of New 
York, and to the treasurer of the Fire- 
men’s association of the state of New York, 
quarterly, in each year, a sworn statement 
in detail of the amounts collected and received 




THE CHARTER FOR THE GREATER NEW YORK. 


85 


and from whom and from what source, on 
account of said tax, during each quarter, 
and shall at the same time pay over to said 
fire commissioner, as treasurer, forty-five 
per centum of the amount so collected and 
received in each quarter year for the use and 
benefit of the relief fund of the fire depart- 
ment of the city of New York, and to the 
treasurer of the Firemen’s association of the 
state of New York ten per centum of the 
amount so collected and received, for the 
endowment, benefit and maintenance of the 
Volunteer Firemen’s home at Hudson, Co- 
lumbia county, New York, and the moneys 
so received by the treasurer of such associ- 
ation shall be paid by him to the treasurer 
of the Volunteer Firemen’s Home association, 
upon the order of the board of trustees there- 
of, as provided by the bylaws of said home 
association, and the balance of the moneys 
so collected and received by It during such 
period shall be applied to the uses and pur- 
poses of said corporation, as defined and pro- 
vided by Chapter four hundred and ninety- 
eight of the laws of eighteen hundred and 
seventy-five. The said last named corpora- 
tion may maintain in its corporate name any 
action or actions in any court of record of 
the state of New York, to recover the tax 
on percentage aforesaid upon such business 
done in said Twenty-third and Twenty-fourth 
wards during such period, and also to recover 
for the breach of bond or undertaking which 
has been or may be given to it pursuant to 
the provisions of this title, or any penalty 
imposed thereby. From and after the seven- 
teenth day of January, nineteen hundred and 
seven, the said percentage of tax shall be col- 
lected by the treasurer of the fire department 
of the city of New York, as provided in this 
title, and thereafter until the seventeenth 
day of January, nineteen hundred and seven- 
teen, the treasurer of said fire department 
shall render to the said corporation known 
as the "Trustees of the Exempt Fire- 
men’s Benevolent Fund of the City of 
New York,” and to the treasurer of 
the Firemen’s association of the state 
of New York, quarterly, in each year, a 
sworn statement in detail of the amounts 
collected and received, and from whom and 
from what source, on account of said tax, 
during each quarter, excepting the amounts 
collected in that portion of said ci'ty, known 
as theTwenty-third and Twenty-fourth wards, 
and shall, at the same time, pay over to the 
said treasurer of the corporation known as 
"The Trustees of the Exempt Firemen’s Be- 
nevolent Fund of the City of New York,” 
forty-five per centum of the amount so re- 
ceived in each quarter year, for the use and 
benefit of the said 'benevolent fund, and to 
the treasurer of the Firemen’s association of 
the state of New York ten per centum of the 
amount so received in each quarter year, for 
the endowment and maintenance of the said 
Volunteer Firemen’s home; and the money 
so received by the said treasurer shall be paid 
over to the treasurer of said Volunteer Fire- 
men’s home in the manner aforesaid. The 
6ald treasurer of the fire department shall 
appropriate and apply the remainder of the 
moneys so to be collected and received to 
the uses and purposes of the relief fund of 
said department. Until the seventeenth day 
of January, nineteen hundred and seventeen, 
the treasurer of said fire department shall 
render to the treasurer of the corporation 
known as the trustees of “The Exempt Fire- 
men’s Benevolent Fund Association of the 
Twenty-third and Twenty-fourth Wards of the 
City of New York (late town of Morrisania, 
in the county of Westchester), in the County 
of New York,” and to the treasurer of the 
Firemen’s association of the state of New 
York, quarterly, in each year, a sworn state- 


ment In detail of the amounts collected and 
received, and from whorq and from what 
source an account of said tax, during each 
quarter, in that portion of the said city 
known as the Twenty-third and Twenty-fourth 
wards, and shall, at the same time, pay over 
to the said treasurer of the said corporation 
known as the trustees of "The Exempt Fire- 
men’s Benevolent Fund Association of the 
Twenty-third Ward cf the City of New York 
(late town of Morrisania, in the county cf 
Westchester), in the County of New York,” 
forty-five per centum of the amount so re- 
ceived in each quarter year, for the use 
and benefit of the said corporation, 
and to the treasurer of the said 
Firemen’s association cf the state of 
New York, 10 per centum of the amount so 
received in each quarter year, for the endow- 
ment and maintenance of said volunteer fire- 
men’s home, and the moneys so received by 
said treasurer shall be paid over to the treas- 
t«*er of said volunteer firemen’s home in 
the manner aforesaid. The said treasurer of 
the fire department shall appropriate and ap- 
ply the remainder of the moneys so to be 
collected and received by it to the uses and 
purposes of the relief fund of said department. 
The said corporations known respectively as 
the trustees of the Exempt Firemen’s Benevo- 
lent Fund association of the city of New 
York, and the Exempt Firemen’s Benevo- 
lent Fund association of the Twenty-third 
ward of the city of New York (late town of 
Morrisania, in the county of Westchester), in 
the county of New York, shall each make an 
annual report to the controller of the state 
of New York, on or before the first day in 
January in each year, duly verified by the 
president and treasurer thereof of the amount 
of money received during the year, and froni 
whom and from what source received, and 
giving in detail the names and residences of 
all persons to whom and for what purposes 
any moneys were paid, with the amount paid 
to each recipient, and of the amount of money 
on hand, and how invested. No trustee, offi- 
cer or agent of either of said corporations 
shall grant or give to any beneficiary or oth- 
er person any greater sum than shall have 
been determined by the board of trustees of 
such corporation by a vote of a majority of 
such trustees, after due investigations of the 
circumstances of each case, and all payments 
of pensions or donations shall be made by the 
treasurer upon such order of the trustees of 
the corporation, and for all such payments 
the treasurer shall take receipts from the 
beneficiaries receiving the same, which re- 
ceipts shall be filed with his report to the 
trustees of the corporation. 

Tax on receipts of foreign fire insurance com- 
panies doing business in the borough of 
Brooklyn. 

Sec. 809. There shall be paid to the fire 
commissioner, until the seventeenth day of 
January in the year nineteen hundred and 
seventeen, the percentage or tax upon the re- 
ceipts of foreign fire insurance companies do- 
ing business in the borough of Brooklyn, and 
said commissioner shall cause the moneys so 
paid to him to be paid out and disposed of as 
follows: 

1. To the New York fire department relief 
fund 45 per centum. 

2. To the treasurer of the Firemen’s asso- 
ciation of the state of New York, who 
shall pay over the same to the treasurer 
of the Volunteer Firemen’s home at 
Hudson, N. Y., 10 per centum. 

3. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 


partment of the western district of the 
late City of Brooklyn, 20 per centum. 

4. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 
partment of the eastern district of the 
late City of Brooklyn, 13 1-3 per centum. 

6. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 
partment of the former town of New 
Lots, 3 1-3 per centum. 

6. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 
partment of the former town of Flat- 
bush, 2 1-3 per centum. 

7. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 
partment of the former town of Graves- 
end, 2 1-3 per centum. 

8. To the treasurer of the widows and or- 
phans fund of the late volunteer fire de- 
partment of the former town of Now 
Utrecht, 2 per centum. 

9. To the treasurer of the widows and or- 
phans fund of the volunteer fire depart- 
ment of the former town of Flatlands, 
1 2-3 per centum. 

The fire commissioner shall quarterly in 
each year render to each of the foregoing as- 
sociations a sworn statement in detail of the 
amounts collected and received by him as 
aforesaid, and from whom and from what 
source on account of said tax during each 
quarter. 

And the custodian or trustees receiving 
moneys under the provisions of this act in 
the borough of Brooklyn shall annually make 
and render to the fire commissioner in the 
month of January a sworn statement as. to 
the expenditure of said funds, and upon fail- 
ure so to do the fire commissioner may with- 
hold the said percentage and it shall be paid 
over to the New York fire department relief 
fund, and any use of said percentage for pur- 
poses other than provided by law shall be a 
misdemeanor and be punishable as such. 

Sec. 810. The corporation known as the Vet- 
eran Firemen’s Association of the North Shore 
Fire Department of Staten Island, in the bo- 
rough of Richmond, shall be entitled to col- 
lect a percentage or tax of 2 per cent, on re- 
ceipts of foreign fire insurance companies, lo- 
cated and doing business in the borough of 
Richmond. The said association shall be sub- 
ject to the same laws and possess the same 
privileges as the Exempt Firemen’s Benevo- 
lent Fund association of the Twenty-third ward 
of the city of New York (late town of Morris- 
ania, county of Westchester), for the term of 
twenty years, beginning with the establish- 
ment of a paid fire department over said 
borough. 

CHAPTER XVI. 

DOCKS, PIERS, HARBOR, PORT 
AND WATERS. 

Title 1. Department of docks and ferries. 

2. Piers, slips and wharfage. 

3. General provisions. 

TITLE I. 

DEPARTMENT OF DOCKS AND 
FERRIES. 

Board of docks, commissioners, appointment, 

term of office, president and salaries. 

Sec. 816. The head of the department of 
docks and ferries shall be called the board of 
docks. The board of docks shall consist of 
three persons, to be known as commissioners 
of docks. They shall be residents of the 
city of New York and shall be appointed by 
the mayor, and hold their respective offices as 


86 


THE CHARTER FOR THE GREATER NEW YORK. 


provided in chapter IV ot this act. Said 
commissioners shall elect one of their num- 
ber president of said board. The salary of 
the president shall be six thousand dollars 
a year, and the salary of each of the other 
two commissioners shall be five thousand 
dollars a year. 

Extension of jurisdiction to new territory. 

Sec. 817. All the powers and duties hereto- 
fore vested in and devolved upon the depart- 
ment of docks, of the mayor, aldermen and 
commonalty of the city of New York, are de- 
volved upon and vested in the department 
of docks and ferries horehy created, and in 
addition thereto the powers and duties of 
said department are hereby extended so as to 
Include all the water front, wharf property, 
lands under water, wharves, piers, bulkheads 
and structures thereon situate, within the 
city of Brooklyn; the county of Richmond 
and that portion of Queens county by this act 
consolidated with the corporation known as 
the mayor, aldermen and commonalty of 
the city of New York; and the said board of 
docks shall have the same powers, subject to 
the approval of -the commissioners of the sink- 
ing fund, to adopt and execute a plan or plans 
for the water front of the city of New York, as 
constituted by this act, and to fix and establish 
the line of solid filling, bulkheads and pier- 
head lines, the distances between piers, meth- 
ods and character of construction of wharves 
and piers within 'the entire territory of the 
city of New York, as constituted by this act, 
that the said department of docks possessed 
at the time this act takes effect within the 
territory of the city of New York, as hereto- 
fore known and bounded. 

Jurisdiction, powers and duties. 

Sec. 818. The board of docks shall have ex- 
clusive charge and control, subject in the par- 
ticulars hereinafter mentioned to the com- 
missioners of the sinking fund, of the wharf 
property belonging to the corporation of the 
city of New York, as constituted by this act, 
Including all the wharves, piers, bulkheads 
and ‘‘s^rnctfirhs- thereon, and waters adjacent 
thereto, and all The slipV, basins, docks, wa- 
terfronts, land under water and structures 
thereon, and the appurtenances, easements, uses, 
reversions and rights belonging thereto which 
are now owned or possessed by the said cor- 
poration,, or to which said corporation Is, or 
may become entitled, or which said corpora- 
tion may acquire under the provisions hereof, 
or otherwise; and said board shall have ex- 
clusive charge and control of the repairing, 
building, rebuilding, maintaining, altering, 
strengthening, leasing and protecting said 
property, and every part thereof, and 
of all the cleaning, dredging and deep- 
ening necessary in and about the 
same. Said board is also hereby invested, ex- 
cept as otherwise expressly stated in this act, 
with the exclusive government and regulation 
fcf all wharf property, wharves, piers, bulk- 
head's and structures thereon, and waters ad- 
jacent thereto, and all the basins, slips and 
docks, with the land under water in said city 
not owned by said corporation. The board of 
docks shall not have power to change the 
exterior line of piers and bulkheads, estab- 
lished by law. 

The board of docks shall also have exclu- 
sive charge and control, subject in the partic- 
ulars hereinafter mentioned to the commis- 
sioners of the sinking fund, of all ferries and 
ferry property belonging to the corporation of 
the city of New York, as hereby constituted. 

Plans for water fronts. 

Sec. 819. The plan or plans for the whole 
or any part of the water front of the city of 
New York, as constituted by this act, includ- 


ing the water front on the westerly side of 
the Harlem river from the easterly line of 
the Third avenue where said line strikes 
said river along the water front from said line 
to the northerly side of Eighty-sixth street 
on the East river determined upon by the 
department of docks, of the city of New York, 
as hertofore known and bounded, adopted 
and certified to by the commissioners of the 
sinking fund, and filed in the office of said 
department of docks, in accordance with the 
provisions of the third subdivision of section 
ninety-nine of chapter one hundred and thir- 
ty-seven of the law's of eighteen hundred and 
seventy as amended by section six 6f chap- 
ter five hundred and seventy-four of the laws 
of eighteen hundred and sevnty-one, and such 
pla!n or plans as may be determined upon 
pursuant to section 817 of this act, by the 
board of docks created by this act, adopted 
and certified to by the commissioners of the 
sinking fund and filed, or that may be filed 
in the office of said beard of docks shall be 
and continue to be the sole plan or plans, 
according to which any wharf, pier, bulkhead, 
basin, dock, slip or any wharf structure or 
superstructure shall be laid out or construct- 
ed within the territory or district embraced, 
or that may hereafter be embraced in and 
specified upon said plan or plans, and shall 
be the sole plan or plans and authority for 
solid fi’ling in the waters surrounding the 
city of New York, and on said Harlem river, 
and for extending piers into said waters 
and erecting bulkheads around said cHy, 
and on the westerly side cf the Harlem 
river, and all other provisions of law 
regulating solid fll'ling and pier and bulk- 
head lines In said waters, are to be deemed to 
be repealed whenever said plan or plans is 
or are inconsistent with such provisions of law 
and all laws giving any power or authority 
as to said water front in the territory em- 
braced in. this section, to any other depart- 
ment of the city of New York, as heretofore 
known and bounded, or to any department of 
any municipal or public corporation which, or 
part of which, is consolidated by this act 
with the mayor, aldermen and commonalty 
of the city of New York, are hereby repealed. 
No whairf, pier, bulkhead, basin, dock, slip, 
exterior street or any wharf, structure or su- 
perstructure shall be laid out, buiflit or rebuilt, 
within such territory or district except in ac- 
cordance with such plan or plans, provided 
that said board of docks, with the consent and 
approval of the commissioners of the sinking 
fund, may, from time to time, change the 
width or location of the piers laid down on 
said plan or plans; and provided, also, that 
said beard of docks may build, or rebuild, or 
license or permit the building or rebuilding, 
of temporary wharf structures, and said board 
may lease land covered with water belonging 
to the city of New York for the purpose there- 
of, such lease, license or permit to continue 
and remain at the will and pleasure of said 
board, or for a time not longer than until 
*he wharves, piers, bulkheads, basins, docks, 
or slips to be built or constructed according 
to such plan or plans, shall in the judgment 
of said beard, require and need to be built 
or constructed; and provided, further, that 
the board of docks with the consent and 
approval of the commissioners of the sinking 
fund may alter and extend the present pier 
head line, as now established on the Hudson 
river, between Battery place and Seventieth 
street, and establish a new pier head line be- 
tween these points, and may authorize the 
construction of new piers out to said pier 
head line, and may extend those piers already 
built out to said line; and may 
build new piers or extend piers 
already built, out to such pier head 


lines as are now or may hereafter be estab- 
lished by the secretary of war under act of 
congresis. The board of docks is heTeby au- 
thorized and empowered, with the consent 
and approval of the commissioners of the sink- 
ing fund, to alter and amend the plans of the 
improvement of the water front determined 
upon by the department of docks, and approved 
by the commissioners of the sinking fund of 
the city and county of New York, in 1871, be- 
tween the Battery and Grand street on the 
East river and between the Battery and West 
Sixty-second street on the North river. When- 
ever the plan so determined upon and adopt- 
ed, or hereafter to be determined upon and 
adopted, shall include the widening of an ex- 
terior street or avenue, or the opening and 
construction of a new exterior street or exte- 
rior avenue, or the abandonment or closing of 
such street or avenue already in existence, 
the power to widen, open, construct, aban- 
don or close the same shall exclusively reside 
with the said board of docks, which is hereby 
authorized to take such steps as may be nec- 
essary in that regard, and after the same shall 
have been so widened or opened, the right to 
maintain the widened portion of a street or 
avenue already opened, and such new street 
or avenue shall also reside with the said board 
of docks; but the street or avenue so widened 
to the extent of the part so widened, or such 
now street or avenue opened under this plan 
shall not be a public street, but shall be a 
marginal wharf, and shall be used in that re- 
gard in such manner from time to time as the 
board of docks shall, by resolution, determine. 
The board of docks shall have exclusive power 
to regulate the use of marginal streets so 
that the land and buildings upon all such mar- 
ginal streets may be used to the best advan- 
tage in connection with the wharves and bulk- 
heads; and the board of docks shall have the 
power to regulate, by license or by any other 
suitable means, the transfer of goods and mer- 
chandise upon, over or under all such mar- 
ginal streets; except that the said board of 
docks shall not, under this section, have any 
power in respect to, or jurisdiction over, the 
public driveway authorized by and construct- 
ed under chapter 102 of the laws of 1893 and 
acts amendatory thereof. 

Surveys of water front. 

Sec. 820. The board of docks is authorized 
to cause to be made the necessary surveys, 
soundings, and other examinations of the wa- 
ter front of the city of New York, as consti- 
tuted by this act, where the same has not al- 
ready been determined, and to ascertain the 
capacities and requirements of said water 
front for adaptation to commercial and other 
uses. 

Construction of piers and docks regulated. 

Sec. 821. In executing the plan or plans men- 
tioned in section 819 of this act, the board 
of docks shall proceed, according to said 
plan or plans, to lay out, establish and con- 
struct wharves, piers, bulkheads, basins, 
docks or slips in the territory or district em- 
braced in such plan or plans, and in and 
upon or about the property owned by the city 
of New York, without interfering with the 
property or rights of any other person ex- 
cept so far as may be necessary to insure the 
safety and stability of the wharves, piers, 
bulkheads, basins or slips so to be constructed. 
And said board may commence and carry on 
such construction in sections of said territory 
or district from time to time, so as not to 
seriously incommode the commerce of said 
city. The work of said construction under such 
plan or plans shall, unless ordered to be other- 
wise performed by the affirmative vote of all the 
commissioners of docks, be performed as fol- 


THE CHARTER FOR THE GREATER NEW YORK. 


87 


lows: The said board of docks shall prepare 
full and minute specifications for such work, 
and advertise for proposals for doing said 
work under said plan or plans, and according 
to such specifications; proposals therefor shall 
be signed by the bidders for the said work 
and be sent to the said board within the time 
specified in such advertisement, accompanied 
by a bond in the form set forth in said speci- 
fications, duly executed. The said board of 
docks shall open said proposals on a day to 
be specified in such advertisement, and shall 
examine them, and unless the said board shall 
deem It for the Interest of the city to reject 
all bids, shall award the contract for said work 
to the lowest responsible bidder complying 
with such plan or plans and specifications; 
such contract shall be executed by the said 
board of docks on behalf of the city of New 
York, and shall always contain provisions as 
to the time of commencing and completing 
said work, and for the retention of at least 
one-fourth oT its contract price, until the com- 
pletion of said work, as security for its per- 
formance, and for the forfeiture of said con- 
tract for non-performance of the terms there- 
of. Said board of docks may, upon the for- 
feiture of any such contract, proceed to com- 
plete the work thereunder without contract 
or may readvertise for proposals to complete 
said work and award a new contract therefor 
In the same manner as provided herein for 
awarding the original contract; but no bidder 
under this section shall be entitled to a 
contract until his bid be approved and ac- 
cepted by said board of docks, provided, how- 
ever, that repairs may be done by days' work, 
and without contract, whenever in the judg- 
ment of the board of docks It is expedient so 
to da 

Purchase of wharf property for corporation ; 

proceedings to acquire. 

Sec. 822. The board of docks Is authorized 
to acquire in the name and for the benefit of 
the corporation of the city of New York any 
andall wharf property In the city of NewYork, 
as constituted by this act, to which cfao corpo- 
ration of the city of New York then has no 
right or title, and any rights, terms, ease- 
ments and privileges pertaining to any wharf 
property in the city of New York, and not 
owned by said corporation; and said board of 
docks may acquire the same either by pur- 
chase or by process of law, as herein pro- 
vided. Said board of docks may agree with 
the owners otf any such property, rights, 
terms, easements or privileges, upon a price 
for the same, and shall certify such agree- 
ment to the commissioners of the sinking 
fund, and if the said commissioners approve 
of such agreement, said board of docks shall 
take from such owners, at such price, the nec- 
essary conveyances and covenants for vesting 
said property, rights, terms, easements or 
privileges in, and assuring the same to the 
city of New York forever, and said owner 
dhall be paid such price from the city treas- 
ury as provided in this act. If the said 
board of docks shall deem it proper and ex- 
pedient that the said corporation should ac- 
quire possession of such wharf property, 
rights, terms, easements or privileges, for 
which no price can be agreed upon between 
said board and the owner or owners thereof, 
the said board of docks may direct the cor- 
poration counsel of said city to take legal 
proceedings to acquire the same for the city, 
and the said corporation counsel shall cake 
the same proceedings to acquire the same as 
are by law provided for the taking of pri- 
vate property in said city for public streets 
or places, and the provisions of law relating 
to the taking of private property for public 
streets or places in said city are hereby made 


applicable, as far as may be necessary, to the 
acquiring of the said property, rights, terms, 
easements and privileges, and the said board 
of docks is also empo wered to acquire in like 
manner the title to such lands under water 
and uplands, within the city of New York, as 
constituted by this act, as shall seem to said 
beard of docks necessary to be taken for the 
improvement of the water front. 

The just compensation to which the owner 
of property taken under the foregoing provis- 
ions is entitled shall be ascertained and deter- 
mined upon the following principles. If all 
of the property of such owner is taken, the 
compensation awarded shall be the fair and 
just value of the said property. If the prop- 
erty of the riparian proprietor has been built 
upon or improved, and if such buildings or 
improvements are upon a single tract con- 
tiguous to or adjoining lands under water, 
or which were originally under water, and. 
used in connection therewith, and part only 
of such property is proposed to be taken, the 
fair and just value of the entire premises shall 
first be ascertained, and then there shall be 
ascertained the like value of the premises in 
the condition in which they will be after the 
part is taken, and the difference in value, be 
it more or less than the separate value of the 
part taken, shall constitute the measure of 
compensation. 

Provided that said board of docks, with the 
approval of the commissioners of the sinking 
fund, hereby is empowered to agree, license 
and permit private owners of any bulkheads, 
piers or water rights, to make the necessary 
improvements upon their bulkheads, piers or 
water rights, so as to conform to the plan al- 
ready adopted by the department of docks and 
approved by the commissioners of the sinking 
fund of the city of New York, as heretofore 
known and bounded, or to he hereafter adopt- 
ed and approved, pursuant to this chapter, 
during the period which shall intervene prior 
to the extinguishment of such private owner- 
ships by the city of New York, such improve- 
ments to be made by such owners under the 
supervision of the board of docks, or by the 
board of docks itself, as may be agreed upon, 
at the cost and expense of such private own- 
ers, in the first instance, and upon such rea- 
sonable terms as to reimbursing said private 
owners for such improvements and as to 
wharfage and other riparian rights thereon 
and therefrom, as may be agreed upon. All 
agreements and licenses or permits heretofore 
made or entered into between the mayor, al- 
dermen and commonalty of the city of New 
York and any private owners, as to the mak- 
ing of like improvements upon their property, 
are hereby ratified, confirmed and made valid. 

Acquirement of certain wharf property on 

North and East rivers. 

Sec. 823. In all proceedings taken by the 
board of docks of the city of New York for 
the acquirement of wharf property, rights, 
terms, easements or privileges, or lands un- 
der water and uplands in the city of New 
York, if said wharf property or lands under 
water, or wharf property to which said rights, 
terms, easements or privileges are appurten- 
ant, is, or are, situated between the souther- 
ly side of Bethune street and the northerly 
side of Gansevoort street, upon or adjacent 
to the North river in the city of New York, 
or between the southerly side of East Eigh- 
teenth street and the southerly side of East 
Twenty-first street, upon or adjacent to the 
East river, it shall not be necessary for the 
said board of docks to make any attempt to 
agree with the owners of any such property, 
rights, terms, easements, privileges, uplands 
or lands under water, upon a price for the 


same, before commencing the proceedings au- 
thorized by section 822 of this aot. 

In a proceeding brought for the acquire- 
ment of any such wharf property, rights, 
terms, easements, or privileges, or uplands, 
or lands under water situate, as in this sec- 
tion set forth, the title to the said wharf prop- 
erty, uplands and lands under water, rights, 
terms, easements, and privileges shall vest 
in the city of New York four months after the 
filing in the office of the clerk of the supreme 
court, in the first judicial district, of the 
oaths of the commissioners of estimate and 
assessment in said proceeding appointed, and 
all of the rights, title and interest of any and 
all of the owners or persons interested in the 
said wharf property, rights, terms, easements 
and privileges or lands under water, or up- 
lands, shall cease and determine and bo ex- 
tinguished at such time. All the awards 
made in such proceeding for the value of 
property acquired or interests extinguished, 
shall draw- interest from the time of the vest- 
ing of the title In the city of New York. 

Acquirement of wharf property in which city 

has some interest. 

Sec. S24. In all proceedings by the board of 
docks of the city of New York for the ac- 
quirement of the interests of any person or 
corporation who is an owner in common or a 
joint tenant with the city of New York of 
any wharf property, rights, terms, easements, 
or privileges, or lands under water and up- 
lands, it shall not be necessary for the said 
board of docks to make any attempt to 
agree with said person or corporation who is 
a tenant in common or joint tenant as afore- 
said with the city of New York upon a price 
for the same, before commencing the pro- 
ceedings authorized by section 822 of this act. 

In a proceeding brought for the acquirement 
of any such right, title or interest in or to 
any such wharf property, rights, terms, ease- 
ments or privileges, or uplands, or lands 
under water, owned as in this section set 
forth, the title of the person or corporation 
who, or which Is, the tenant in cpm^nop. or 
Joint tenant with the city of New York to th* 
said wharf property, uplands and lands under 
water, rights, terms, easements and privi- 
leges, shall vest in the city of New York 
four months after the filing in the office of 
the. clerk of the supreme court, in the First 
judicial district, of the oaths of the commis- 
sioners of estimate and assessment in said 
proceeding appointed, and all of the rights, 
title and interest of, in and to the said own- 
ers, persons or corporations interested in said 
wharf property, rights, terms, easements, 
privileges or lands under water or uplands, 
shall cease, determine and he extinguished 
at such time. Alii the awards made in such 
proceeding for the value of property ac- 
quired or interest extinguished shall draw 
interest from the time of vesting of the 
title in the city of New York. 

Wharfage and dockage charges. Leasing 

property. Oyster business; designation of 

water-front for. 

Sec. 825. When any of the wharves, piers, 
bulkheads, slips, docks, and basins construct- 
ed under the provisions of this chapter shall 
be open to the public use, the board of docks 
shall subject to the provisions of law, regulate 
thecharges forwharfage, cranage anddockage 
of all vessels admitted thereto, and may alter 
such charges from time to time as the pub- 
lic trade may authorize and the said board 
of docks deem proper; provided that the rates 
of wharfage on boats navigating the canals 
of the state shall not be increased beyond 
the rates in force on April eighteenth, on* 
thousand eight hundred and jn'fTtwina. 


88 


THE CHARTER FOR THE GREATER NEW YORK. 


cept as hereinafter specifically provided, and 
no restriction of the amount of wharf and 
slip room occupied by them shall be made; 
and said board of docks may appropriate any 
of such wharves, as the owners thereof may 
apply to have so designated or appropriated 
to the sole use of special kinds of commerce, 
or of steamboats, or of any other class or 
description of ships or vessels, and may re- 
strain and prohibit any ship, steamboat, or 
any other vessel or water craft whatever 
from coming into, or lying, mooring, or an- 
choring at or within any such wharf, pier, 
or slip of said the city of New York, except 
such as may be so designated for their use, 
respectively. Said board of docks may, in 
the name of and for the benefit of the corpora- 
tion of the city of New York lease any or all 
or such property, and any and all wharf 
property belonging to the city of New York, 
as constituted, by this act, for a term not 
exceeding ten years, and covenant for renew- 
al or renewals at advanced rents of such 
leases for terms of ten years each, but not 
exceeding in the aggregate fifty years. The 
board of docks may set aside, designate and 
appropriate a suitable location on the water- 
front in the city of New York, for the sole 
use of the oyster business. Such designation 
or appropriation snail be subject at any time 
to revocation by said board. 

Ferries; leasing of. 

Sec. 826. The board of docks shall have 
power and is authorized to lease in the name 
of and for the benefit of the city of New York 
in the manner provided by law, the franchise 
of any ferry or ferries belonging to said city 
for the highest marketable price or rental, at 
public auction or by sealed bids, and always 
after public advertisement and appraisal un- 
der the direction of said board but not for a 
term longer than ten years, nor for a renewal 
for a longer term than ten years. And said 
hoard shall also possess the power and is here- 
by authorized to lease, in like manner along 
with the franchise of a ferry or ferries be- 
longing to said city, such wharf property, in- 
cluding wharves, piers, bulkheads and struc- 
tures thereon and slips, docks and water 
fronts adjacent thereto, used or required for 
the purposes of such «ferry or ferries, now 
owned or possessed, or which may hereafter 
be owned or acquired by said city or to which 
the said city is or may become entitled, or of 
which it may become possessed. But said 
board shall make no lease authorized by this 
section, unless the terms of said lease are ap- 
proved by the commissioners of the sinking 
fund. The proceeds of said leasing shall on 
receipt thereof after paying all necessary 
charges be immediately paid to the credit of 
the sinking fund. But nothing in this section 
contained shall be held to apply to that por- 
tion of the East river which is, by law, ex- 
clusively set apart for the use of canal boats 
engaged in the transportation of freights in 
the Hudson river coming to tidewater from 
the canals of this state. 

To establish rules for government; penalties. 

Sec. 827. The board of docks shall establish 
and enforce all needful rules and regulations 
for the government and proper care of all 
the property placed in its charge, and under 
its control by the provisions of this chapter, 
relating thereto, and shall furnish a copy of 
•uch rules and regulations to all the owners 
and occupants of such property, and shall 
make all needful orders necessary to carry out 
the provisions of this chapter relating thereto 
Into effect, and fix penalties for disobeying 
auch rules, regulations, or orders, and shall 
publish such orders. The violation of or diso- 
bedience to any rule, regulation or order of 


said board of docks, shall be a misdemeanor, 
punishable by a fine not exceeding $500, or by 
imprisonment not exceeding thirty days, or by 
both such fine and imprisonment, on com- 
plaint of such board of docks. The penalties 
aforesaid may be recovered by suit in the 
name of the city of New York, and such suit 
shall be prosecuted by the corporation counsel 
when directed by the board of docks, and no 
defendant in any such suit shall be permitted 
to plead ignorance of any such order, rule or 
regulation. All rents, fines and penalties, 
and all other money collected by said board or 
by its direction, shall belong to the treasury 
of said city, and be paid into the sinking fund 
for the redemption of the city debt. The 
board of docks shall hold stated meetings, at 
times to be specified in its by-laws, which 
said board shall prepare and may alter from 
time to time. 

Offices and officers: duties and salaries 

Sec. 828. The board of docks shall have 
power to furnish and supply offices, provided 
in accordance with law, for the transaction of 
the business of the department of docks and 
ferries. The board of docks shall appoint a 
secretary and other officers, clerks and agents 
to assist said board in the performance of its 
duties and the exercise of its powers; and 
also the necessary employees for the work of 
construction, repairs and maintenance; and 
shall fix the compensation of all persons so 
appointed. But the annual expenses of said 
department for rent, furniture, supplies and 
compensation of secretary and subordinate 
officers, clerks and agents shall not exceed 
in the aggregate the sum of one hundred 
thousand dollars, except with the consent of 
the commissioners of the sinking fund. The 
president of the board of docks shall be elected 
annually by the members thereof, and shall 
preside at all meetings of said board, and in 
case of his absence a temporary president 
may be elected by the board to preside. Any 
member may resign his office by written resig- 
nation sent to the mayor. If any member of 
said board of docks shall cease to reside- In 
the city of New York, as constituted by this 
act, his office as a member of said board shall 
become vacant. 

Annual report: contents. 

Sec. 829. The board of docks shall annually 
present to the mayor of the city a report con- 
taining: 1. The name, occupation, and com- 
pensation of all officers, clerks and agents ap- 
pointed and employed by said board. 2. A 
statement of the actions of the board of docks 
for the past year, classified with reference 
to the various subjects and duties which have 
engaged its attention. 3. A list of the orders 
and rules made by said board of docks, and a 
description of the contracts made by said 
board, the payments made by said board, and 
the purposes and amounts thereof, and the 
leases made by said board, for what term, at 
what rent, to whom and for what property. 
Said board of docks shall at the time it pre- 
sents its said annual report to the mayor also 
file with the civil service supervisory and 
examining boards of the city of New York a 
complete statement of the name, address and 
salary, or compensation of all persons em- 
ployed in any capacity by said board of docks, 
which shall be published in the City Record 
and the corporation newspapers. 

Seal. 

Sec. 830. The board of docks may adopt a 
common seal for said department of docks 
and ferries, and direct its use. Said seal shall 
be a device of the arms of the city of New 
York surrounded by the words “Department 
of docks and ferries. The city of New York,” 


engraved upon a metal disk two and one- 
quarter inches in diameter, and the same may^ 
be renewed whenever necessary. An impres- 
sion of such seal made directly on paper shall 
be as valid as if mad© on a wafer or on wax. 

Every lease, contract or other instrument, 
executed in pursuance of any authority con- 
ferred on said board of docks by law, and 
sealed with such seal, attested and proved 
aocording to law by the secretary appointed 
by said board, shall be received in evidence, 
and may be recorded in the proper recording 
offices in the same manner and with the like 
effect as if sealed with the seal of the corpor- 
ation of the city of New York, attested and 
proved by the city clerk thereof. 

Lands under water owned by state. 

Sec. 831. The commissioners of the land of- 
fice are hereby authorized to convey by proper 
instruments, in writing, necessary for the 
purpose, all the property, right, title and in- 
terest of the people of the state of New York, 
in and to the land under water, which the 
board of docks may deem necessary for the 
construction of wharves, docks, piers, bulk- 
heads, basins and slips, under this chapter, 
whenever said commissioners may be required 
by said board oif docks to make such convey- 
ance to the city of New York. But such con- 
veyance shall be made after compliance with 
such reasonable rules and regulations as the 
said commissioners of the land office are now 
empowered to make by law; and nothing in 
this chapter shall be so construed as to re- 
move or limit the powers and duties of^the 
said commissioners as now conferred upon 
them by the statutes of the state and as pre- 
scribed in other sections and provisions of 
this act. 

May deepen water adjoining wharf, etc. 

Sec. 832. It shall be lawful for the board of 
docks to order and direct that the water near 
and adjoining any private wharf, pier, dock, 
bulkhead or land within the limits of the 
city of New York, be deepened by excavating 
or removing the earth, mud, dirt . or sand 
therefrom, and to cause thd same to be done 
in such places and at such times as the said 
board may deem necessary and proper. 

Property and wharf property defined. 

Sec. 833. The terms “property” and “wharf 
property” whenever used in this chapter 
shall be taken to mean not only all wharves, 
piers, docks, bulkheads, slips and basins, but 
the land beneath the same, and all rights, 
privileges and easements appurtenant thereto, 
and such upland or made land adjacent to the 
said wharves, piers, docks, bulkheads, slips 
and basins, jurisdiction over which said up- 
land and made land may be assigned to the 
department of docks and ferries by the com- 
missioners of the sinking fund. 

Sites for floating baths. 

Sec. 834. The board of docks shall, upon 
the requisition of the commissioner of public 
buildings, lighting and supplies, furnish free 
of charge, in the vicinity of such location as 
shall be designated by said commissioner 
accessible, convenient and safe berths for 
mooring the free floating baths, authorized 
by law. 

Public markets and wharves. 

Sec. 835. It shall be lawful for the city of 
New 1 ork, in case it shall find it necessary, 
to cause public markets to be erected and 
kept over the waters of the East and North 
rivers adjoining to any of its docks or 
wharves; provided, that such markets shall 
not interfere with the flow of the waters of 


THE CHARTER FOR THE GREATER NEW YORK. 


89 


the said rivers, nor be built beyond the pier 
or bulkhead line established by law. 

Decks to be set apart for street cleaning de- 
partment and board of health. 

Sec. 836. The board of docks shall desig- 
nate and set apart for the use of the depart- 
ment of street cleaning, the board of health 
and other aity departments, suitable and suf- 
ficient wharves, piers, bulkheads, slips and 
berths in slips for the use of said depart- 
ments. 

Setting apart piers for recreation. 

Sec. 837. The board of docks i6 hereby au- 
thorized to set apart the following piens in 
the city of New York, to wit: A pier at or 
near the foot of Perry street, on the Hudson 
river, and such other piers along the Hud- 
son river water front and the East river 
water front of the said city, as the said board 
of docks shall deem, from time to time, nec- 
essary for the use of the Inhabitants of the 
city of New York, as- hereinafter provided, 
and for the convenience of dealers in country 
produce and other merchandise transported 
to the city of New York for sale. 

The purpose of this section Is to afford the 
inhabitants of the city of New York greater 
opportunity for healthful recreation than they 
n-aw possess, and to accomplish such end the 
6aid hoard of docks is hereby authorized to 
construct or rebuild the piers set apart under 
the provisions of this section for public use 
in such manner as shall provide a platform 
or upper story thereof, and the approaches 
thereto shall be constructed under the direc- 
tion of a skilled architect, who shall be em- 
ployed by said hoard of docks for that pur- 
pose. The intention hereof 'being to permit 
the upper efcory of each one of the piers here- 
in authorized to be set apart for public use 
wholly free to the inhabitants of said city 
for the purpose aforesaid without interfer- 
ence with business occupations, and the said 
piers on the lower stories thereof shall be 
open to use to boats and vessels plying up- 
on canals, Tlvers and lakes of this state which 
may bring merchandise to the city for sale 
therein. The occupation of positions by boats 
at the piers herein mentioned shall be under 
the control of the beard of docks, and order 
shall he maintained by the police authorities 
of the city of New York in and around such 
portions of the said docks as may be set apart 
for recreation purposes aforesaid. Except as 
hereinbefore provided, no wharf, pier, bulk- 
head or shed shall be required by the board 
qf docks to be ©o constructed as to admit of 
the free public use of the roof thereof for 
purposes of resort and recreation. 

Water-front to be set apart for use of fire de- 
partment. 

Sec. 838. The hoard of docks, with the con- 
sent and approval of the commissioners of 
the ©inking fund, is hereby authorized to set 
apart, for the permanent and exclusive use of 
the fire department of the city of New York, 
so much of the water front owned by said 
city as shall be deemed necessary for the ex- 
clusive use of. the said fire department of the 
city of New York. 

TITLE 2. 

PIERS, SLIPS AND WHARFAGE. 

Sheds for protection of property upon piers or 
bulkheads: construction of the same regu- 
lated by board of docks. 

Sec. 844. Whenever any person, company 
or corporation, engaged in the business of 
steam transportation, shall be owner or les- 


see of any pier or bulkhead in the city of 
New York, and shall use and employ the same 
for the purpose of regularly receiving and 
discharging cargo thereat, it shall be lawful 
for such owner or for such lesee, with the 
consent of the lessor, to erect and maintain, 
upon such pier or bulkhead, sheds for the pro- 
tection of property so received or discharged, 
provided they shall have obtained from the 
board of docks, in said city, license or author- 
ity to erect or maintain the same, and sub- 
ject to the conditions and restrictions con- 
tained in such license or authority; but when 
such license or authority has been granted 
and has been acted upon it shall not be re- 
voked by said board without the consent 
in writing of the mayor and of the commis- 
sioners of the sinking fund, after due hear- 
ing of such licensee. All sheds or structures 
erected or maintained upon any wharf or pier 
in the city of New York, as heretofore known 
and bounded, under any license or permit 
heretofore granted by the department of docks 
of said city, or hereafter erected or main- 
tained upon any wharf or pier in the city of 
New York, under any license or permit grant- 
ed by the board of docks of said city, are 
declared to be lawful structures, subject to 
the terms and conditions of the license or 
permit authorizing the same. Such sheds 
hereafter shall be constructed subject to the 
regulations and under the authority of the 
board of docks. Any such owner or lessee of 
a pier or of a pier and bulkhead, or a part 
thereof, in respect to which the board of 
docks shall have granted the license or au- 
thority herein specified, shall be entitled to 
the use of the premises so owned or leased 
by them and no vessel shall be placed in 
any berth on such pier or bulkhead, or part 
thereof, without the consent of such owner 
or lessee, during the continuance of such li- 
cense. The board of docks shall have power 
to build the above structures on any wharf 
or bulkhead belonging to the city of New 
York, and shall have power to lease the same, 
and any lessee thereof shall have all the 
rights and privileges above granted. Pro- 
vided that all sheds or structures lawfully 
erected or maintained at the time this act 
takes effect upon any wharf or pier in any 
part of the territory embraced within the city 
of New York, as constituted by this act, are 
hereby declared to be lawful structures. 

Wharves, slips, etc., not to be used as dumping 

grounds. 

Sec. 845. It shall not be lawful to permit the 
u©e as a dumping ground of any wharf, pier 
or slip, or bulkhead adjacent thereto in the 
navigable waters of the East river, in tihe city 
of New York, which has heretofore been used 
for the loading and discharging of sailing 
vessels regularly employed in foreign com- 
merce and having a draught of more than 
eighteen feet cif water. 

Storehouses, booths, shops, etc., on sheds not 

authorized. 

Sec. 846. Nothing in the two preceding sec- 
tions contained shall be construed to author- 
ize the erection or maintenance on any pier 
of any storehouses, booths, shops, or other 
structures than the sheds mentioned in the 
last section but one, with the proper doors 
and gates appertaining thereto, nor to im- 
pair any powers conferred upon the board of 
docks, except as provided by said section. 

Offices abolished. 

Sec. 847. The offices of captain of the port of 
New York and of harbor masters of the port 
of New York are hereby abolished. The dock 
masters appointed by the board of docks of 
the city of New York, as constituted by this 


act, shall be vested with all the powers and 
shall perform all the duties conferred or im- 
posed upon the dock masters appointed by the 
commissioners of docks of the city of New 
York, as heretofore known and bounded, by 
chapter 199 of the laws of 1888 and the acts 
amendatory thereof and supplementary there- 
to. 

Dock masters: certain powers of. 

Sec. 848. The dock masters appointed by the 
board of docks cf the city of New York shall 
be vested with all the powers and perform all 
the duties conferred on or imposed upon the 
harbor masters of the port of New York by 
a certain act, entitled, “An act to provide 
for the appointment of a captain oit the port 
of New York and harbor masters of the port 
cif New York, and defining and regulating the 
powers and duties and compensation of said 
officers, and repealing chapter four hundred 
and eighty-seven of the laws of eighteen 
hundred and sixty-two,” passed May 4, 1883, 
and known as chapter three hundred and fif- 
ty-seven of the laws of eighteen hundred and 
cighity-three. 

Nothing in this section contained shall en- 
title the said dock masters to any additional 
compensation for performing the duties and 
exercising the powers hereby imposed and 
conferred. Each of said dock masters shall 
personally perform the duties assigned to 
him by the board of docks. He shall not ap- 
point any deputy, or assistant, or delegate 
the powers of his office to any person or 
persons whatever. He shall not collect any 
fees except such as are now or may be 
authorized by law, and which shall be speci- 
fied by the board of docks. He shall not take 
or receive, directly or indirectly, any money, 
or value, thing or compensation for his serv- 
ices, or on account of the exercise of his 
powers of office, except as now provided, or 
which may hereafter be provided by law and 
the regulations of the board of docks. 

Any dock master violating any of the pro- 
visions of this section shall, upon conviction 
thereof by any court of record, be punished 
by a fine of five hundred dollars, and in ad- 
dition thereto may, in the discretion of the 
i court, be imprisoned in the county jail for a 
term not exceeding thjjty days. 

Removal of obstructions, etc., from piers, eto. 

Sec. 849. Whenever any pier, wharf or bulk- 
head in the city of New York shall be incum- 
bered or obstructed in its free use by mer- 
chandise, or by any material not affixed to 
such pier, wharf or bulkhead, the board of 
docks are hereby authorized to require the 
owner, consignee or person in charge of such 
merchandise or material to remove the same 
without any unnecessary delay, and the said 
board shall have power, from time to time, 
to make such general rules and regulations 
and give such directions as will secure dis- 
patch in loading and unloading vessels and 
the prompt removal of the same from the 
piers as soon as completed, and also such 
as shall be necessary to prevent any un- 
necessary accumulation of freight or mer- 
chandise upon any pier or wharf, while any 
vessel shall be engaged in receiving or dis- 
charging her cargo; provided, however, that 
the power hereinbefore conferred shall not 
be exercised in reference to any obstruction 
or incumbrance upon any pier or wharf occu- 
pied by any regular line of steamboats or 
steamships, or by any railroad company, ex- 
cept upon the written request of the occupant 
or lessee of such pier or wharf. 

Expense of carrying out last section. 

Sec. 850. Whenever the board or docks shall 
make any order to give any direction in pur- 
suance of the power conferred by the last 


90 


THE CHARTER FOR THE GREATER NEW YORK. 


preceding section, it shall he the duty of the 
owner, consignee or person in charge of the 
merchandise, property or vessel in reference 
to which such order or direction is given, to 
comply with the same without any unreason- 
able delay, or, in default thereof, the said 
board of docks may employ such laborers and 
assistance as may be necessary to carry out 
such order or direction, by the removal of the 
material, merchandise or vessel in reference 
to which the same was given; and all ex- 
penses actually and necessarily incurred in 
effecting such removal shall be paid by the 
owner, consignee or person in charge of the 
material, merchandise or vessel so removed, 
and the amount thereof shall be a lien upon 
the same in favor of the board of dock3 and 
may be enforced in the same manner and by 
the same proceedings as liens on vessels are 
enforced by warrant of attachment, under and 
pursuant to the provisions of the act enti- 
tled "An act to provide for the collection of 
demands against ships and vessels,” passed 
April twenty-fourth, eighteen hundred and 
sixty-two, and all the provisions of said act, 
so far as the same can be made applicable, 
shall apply to the liens hereby created; and 
the said board shall, for the purposes of this 
section, be deemed a creditor of said owner, 
consignee or person in charge, and each of 
them, for the amount of the expenses so in- 
curred, and may have and maintain an ac- 
tion against them, or either of them, to re- 
cover the same. 

Removal of obstructions, continued. 

Sec. 851. Whenever any pier or bulkhead or 
marginal street, wharf or place in the city 
of New York shall be incumbered, or its free 
use interfered with by merchandise, lumber, 
trucks, wagons or any other obstruction, 
whether of loose materials or built upon or 
affixed to the pier or bulkhead or marginal 
street, wharf or place without authority of 
law, it shall be the duty of the board of docks 
to notify the person or persons placing or 
keeping such merchandise or other obstruc- 
tions on such pier or bulkhead or marginal 
street, wharf or place, to remove such 
merchandise or other obstructions with- 
in twenty-four hours after such no- 
tice; and in case of failure to comply with 
such notice and to remove such merchandise 
or obstruction, the person or persons so noti- 
fied shall be liable to pay to the board of 
docks the sum of twenty-five dollars for each 
and every day during which such merchandise 
or obstruction shall remain on such pier or 
bulkhead or marginal street, wharf or place. 
And the board of docks shall have power, in 
its discretion, to remove any merchandise, 
lumber, trucks, wagons or any other obstruc- 
tion so incumbering any pier or bulkhead, or 
marginal street, wharf or place, and to store 
the same in a warehouse or other proper re- 
ceptacle, and a sum equal to the amount of 
the expenses of removal, together with the 
charges for storage, shall be paid by the 
owner of such merchandise to the board of 
docks, and shall be a lien on such merchan- 
dise until paid. 

Storage of obstructions. 

Sec. 852. Whenever merchandise discharged 
from a vessel and incumbering a bulkhead or 
pier, in the port of New York, shall not, in 
the judgment of the said board of doeks, be 
of sufficient value to pay the expenses of re- 
moval and storage, as provided in the last 
preceding section, such merchandise shall be 
removed and stored at the expense of the 
owner, consignee, or master of the ship or 1 


vessel from which such merchandise shall 
have been discharged. 

Unclaimed merchandise to be advertised. 

Sec. 853. At the expiration of every six 
months it shall be the duty of said board of 
docks to advertise, for one week in the City 
Record and the corporation newspapers the 
merchandise, lumber, trucks, wagons or other 
obstruction which they have stored and which 
has remained unclaimed, setting forth the 
marks and numbers of each package, or parcel, 
the description of the merchandise, or ma- 
terial, the pier whence such merchandise was 
removed, and the date of such removal, and 
if any of such merchandise or material so ad- 
vertised shall remain thereafter unclaimed for 
three months, said beard of docks may then 
sell the same, after further advertisement for 
one week in the City Record and the corpora- 
tion newspapers, at public auction, to the 
highest bidder, to pay the expenses which 
have been incurred on such merchandise, lum- 
ber, trucks, wagons or other obstruction, and 
the remainder shall be held in trust by the 
said board for the owner or owners thereof, 
for twelve months, when, if not claimed, It 
shall be paid over to the commissioners of 
the sinking fund. 

Canal boats: territory appropriated to. 

Sec. 854. All that part of the water adjacent 
to the wharves of the city of New York, as 
heretofore known and bounded, from the west 
side of pier No. 3, to and including the 
east side of pier No. 8, East river, shall here- 
after from the 20th day of March to the 31st 
day of December in each year, be set apart, 
kept and reserved for the exclusive use and 
accommodation of canal boats and barges en- 
gaged in the business of transporting property 
on the Hudson river, or coming to tide water 
from the canals of the state, arriving in said 
city from the city of Albany or any part or 
place north, or west thereof, and for the use 
of lighters engaged in loading or unloading 
such boats or barges; and it shall be the duty 
of the board of docks and of all officers who 
now are or hereafter shall be empowered by 
law, or by any ordinance of the city of New 
York, as constituted by this act, to regulate 
or station sfeips and vessels in the harbor of 
said city, to prohibit, and prevent all other 
boats, ships or vessels from entering any of 
the slips or approaching or lying at any of the 
wharves between the piers aforesaid, during 
the period above specified, when such slips or 
the wharves connected therewith shall be re- 
quired for the use and accommodation of the 
canal boats and barges hereinbefore men- 
tioned; and the said board of docks, or other 
officers, aforesaid, shall assign such other ac- 
commodations for said canal boats and barges 
in other parts of the port of New York, as may, 
from time to time, be necessary in receiving or 
discharging their cargoes. 

Derricks for unloading canal boats authorized. 

Sec. 855. It shall be lawful for the propri- 
etors of any regulaf line of canl boats or 
barges using the waters within the limits 
aforesaid, or any other limits to which they 
may be assigned, as provided in the preceding 
section, to erect and maintain upon any of the 
piers, or wharves adjacent thereto, suitable 
derricks, to be used by said proprietors and 
their employes in loading and unloading said 
canal boats and barges; no derrick or struc- 
ture so erected shall be deemed an obstruc- 
tion or incumbrance upon such pier or wharf, 
within the meaning of any statute or ordi- 
nance prohibiting the incumbering or ob- 
structing any such pier or wharf, or authoriz- J 


ing the removal of obstructions or incum- 
brances upon the same. 

Occupation of waters by ships not entitled 

thereto. 

Sec. 856. Whenever any portion of the wa- 
ters mentioned in the last section but one 
shall be occupied by any ship or vessel not 
entitled to occupy the same according to the 
provisions of that section, and the proprietor 
or proprietors or person in charge of any of 
the canal boats or barges specified in said sec- 
tion, shall desire to use the berth or slip oc- 
cupied by such ship or vessel, it shall be the 
duty of said board of doeks, upon the request 
of the proprietor or consignee or person in 
charge of said canal boat or barge forthwith 
to remove such ship or vessel as far as may 
be necessary to accommodate such canal boat 
or barge. If the said board of docks to which 
such request is made shall neglect or refuse 
to comply with the same, the members thereof 
shall, for each such neglect, or refusal, joint- 
ly forfeit and pay to the proprietor or pro- 
prietors of the canal boat or barge, in refer- 
ence to which request was made, the sum of 
fifty dollars, to be sued for and recovered by 
and in the name of such proprietor or pro- 
prietors, for his or their use and benefit in 
any court of competent jurisdiction. 

Failure to remove when ordered: penalty. 

Sec. 857. Any person in command or in 
charge of any ship or vessel which the board 
of docks is authorized and required to re- 
move, as specified in the last preceding sec- 
tion, who shall neglect or refuse to comply 
with any order or direction of the said board 
in reference to the removal thereof, or who 
shall resist or obstruct the removal of such 
ship or vessel, shall, for every such offence, 
forfeit and pay the sum of $50, to be sued 
for and recovered, with costs, by and in the 
name of said board of docks in any court of 
competent jurisdiction. 

Certain docks and piers set apart for garden 

produce. 

Sec. 858. The docks, piers and bulkheads on 
the Hudson river from Gansevoort street to 
Little West Twelfth street, shall be set apart 
by the board of docks, or such department as 
shall have control thereof, and kept for the 
use of boats, barges and other vessels engaged 
in the business of transportating farm and 
garden produce, at such rates of wharfage 
as have been, or shall be lawfully established, 
and said board of docks, or other department, 
having control of said docks, piers and bulk- 
heads, may from time to time, when said 
docks, piers or bulkheads are 'not in actual 
use for the purposes above mentioned, allow 
the same to be used for other and additional 
purposes, and they are hereby authorized and 
empowered at any such time to designate and 
appropriate any or all of said docks, piers 
or bulkheads for any public or general use, 
and such designation or appropriation shall 
be subject at any time to revocation by said 
board or department making the same. 

Wharfage and dockage rates enumerated. 

Sec. 859. It shall be lawful to charge and 
receive, within the city of New York, wharf- 
age and dockage at the following rates, name- 
ly: From every vessel that uses or makes 
fast to any pier, wharf, or bulkhead within 
said city or makes fast to any vessel lying 
at such pier, wharf, cr bulkhead, or to any 
ether vessel lying outside of such vessel, for 
e\ ery day or part of a day, except as herein- 
after provided, as follows: From every ves- 
sel of two hundred tons burden and under, 
two cents per ton; and for every vessel over 


THE CHARTER FOR THE GREATER NEW YORK. 


91 


two hundred tons burden, two cents per ton 
i tor each of the first two hundred tons burden 
and one-half of one cent per ton for every 
additional ton, except that, save as herein- 
! after provided, vessels known as North river 
barges, market boats and barges, sloops em- 
ployed upon the rivers and waters of this state 
and schooners exclusively employed upon the 
rivers and waters of this state shall pay for 
every such vessel under the burden of fifty 
tons, at the rate of fifty cents per day; for 
every such vessel of the burden of fifty tons 
and under the burden of one hundred tons, 
at the rate of sixty-two and a half cents per 
day; for every such vessel of the burden of 
one hundred tons and under the burden of 
one hundred and fifty tons, at the rate of 
seventy-five cents per day; for every such 
vessel of the burden of one hundred and fifty 
tons, and under the burden of two hundred 
tons, at the rate of eighty-seven and a half 
cents per day; and for every such vessel of 
the burden of two hundred tons and under 
the burden of two hundred and fifty tons, at 
the rate of one hundred cents per day; for 
every such vessel of the burden of two hundred 
and fifty tons, and under the burden of three 
hundred tons, at the rate of one hundred and 
twelve and a half cents per day; for every 
such vessel of the burden of three hundred 
tons, and under the burden of three hundred 
and fifty tons, at the rate of one hundred and 
twenty-five cents per day; for every such ves- 
sel of the burden of three hundred and fifty 
tons, and under the burden of four hundred 
tons at the rate of one hundred and thirty- 
seven and a half cents per day; for every such 
vessel of the burden of four hundred tons, 
and under the burden of four hundred and 
fifty tons, at the rate of one dollar and fifty 
cents per day; for every such vessel of the 
burden of four hundred and fifty tons, and 
under the burden of five hundred tons, at 
the rate of one hundred and sixty-two and a 
half cents per day; for every such vessel of 
the burden of five hundred tons and under 
the burden of five hundred and fifty tons, at 
the rate of one hundred and seventy-five cents 
per day; for every such vessel of the burden 
of five hundred and fifty tons, and under the 
burden of six hundred tons, at the rate of 
one hundred and eighty-seven and one-half 
cents per day; for every such vessel of the 
burden of six hundred tons and upward, to 
pay twelve and a half cents, in addition for 
every fifty tons in addition to the rate last 
mentioned, for every day such ship or vessel 
shall use or be made fast to any of the said 
wharves; but no boat or vessel over fifty tons 
burden shall pay less than fifty cents for a 
day or a part of a day, and the class of sail- 
ing vessels now known as lighters shall be at 
one-half the first above rates. Every other 
vessel making fast to a vessel at any pier, 
wharf or bulkhead within said city, or to an- 
other vessel outside of such vessel, or at 
an anchor within any slip or basin, when not 
receiving or discharging cargo or ballast, 
one-half the first above rates; and from every 
vessel or floating structure, other than those 
above named, or used for transportation of 
freight or passengers, double the first above 
rates, except that floating grain elevators 
shall pay one-half the first above rates; and 
every vessel that shall leave a pier, wharf, 
bulkhead, slip or basin, without first pay- 
ing the wharfage or dockage due thereon, 
after being demanded of the owner, consignee 
or person in charge of the vessel, shall be li- 
able to pay double the rates established by 
this section. 

Id. On vessels in dam or oyster trade. 

Sec. 860. Vessels of two hundred tons bur- 
den and under, which shall be actually en- 


gaged in the clam or oyster trade, and which 
shall make fast to any pier, wharf or, bulk- 
head within the city of New York, shall pay 
one and one-half cents per ton per day, and 
every such vessel which shall make fast to 
another vessel lying at any such pier, 
wharf or bulkhead, or to any vessel ly- 
ing outside of such vessel, or that 
shall anchor within any slip or basin 
in said city shall pay one cent per ton per 
day; provided, however, that no vessel shall 
pay less than twenty-five cents nor less than 
one day’s wharfage, nor shall more than one- 
day’s wharfage be charged unless for a con- 
tinuous use of the pier, wharf, bulkhead, slip 
or basin of more than twenty-four hours. 
The board of decks may grant permits for 
vessels or floating structures engaged in the 
oyster business and used for the receipt, 
preparation and opening of oysters and other 
shell fish to remain continuously moored to 
or at any of the docks, piers and bulkheads 
within the city of New York, not otherwise 
specifically appVopriated by law to the sole 
use of other kinds of commerce, upon such 
terms as to wharfage and otherwise, and sub- 
ject to such regulations as said board may 
prescribe. All permits so granted by such 
board shall be subject at any time to revoca- 
tion by it. Upon any such permit being 
granted the person or persons, or corporation 
receiving the same, shall be entitled to moor 
such vessels or floating structures, continu- 
ously and until such permit shall be revoked, 
to or at the dock, pier or bulkhead designated 
in such permit for that purpose subject to the 
terms of such permit; provided, however, that 
where the city of New York is not the owner 
of the dock, pier or bulkhead designated in 
such permit, the consent of the owner or own- 
ers of the same, or of the person or persons 
entitled to collect wharfage therefrom, shall 
have been obtained. 


Id. Canal boats and vessels carrying brick. 

Sec. 861. Every canal boat and any vessel en- 
gaged in freighting brick on the Hudson river 
occupying a berth next to any pier, wharf, 
or bulkhead in the city of New York, and en- 
gaged in delivering cargo upon said pier, 
wharf, or bulkhead, or receiving cargo there- 
from, shall pay wharfage at the rate of fifty 
cents for every day or part of a day while so 
engaged; but when unloaded such canal boats 
or vessels aforesaid shall pay wharfage at the 
rate of thirty cents per day or part thereof; 
but no canal boat or vessel lying in any slip 
between two adjacent piers shall bo required 
to pay full wharfage to the owners or leasees 
of both said piers for the same day, notwith- 
standing such canal boat or barge may, during 
said day, have changed her location between 
said piers; provided that they shall pay one- 
half rates to each owner or lessee when they 
have changed their locations between said 
piers; and the word “day," whenever it oc- 
curs in this and the last preceding section, 
shall be taken and construed to mean twenty- 
four hours. 

/fates for goods, etc., remaining on pier or 

wharf. 

Sec. 862. It shall be lawful for the owners 
or leasees of any pier, wharf or bulkhead 
within the city of New York, to charge and 
collect the 9um of five cents per ton on all 
goods, merchandise, and materials remaining 
on the pier, wharf or bulkhead owned or 
leased by him, for every day after the ex- 
piration of twenty-four hours from the time 
such goods, merchandise and materials shall 
have been left or deposited on such pier, 


wharf or bulkhead and the same shall be a 
lien thereon. 

Rates to be printed in wharfage bills. 

Sec. 863. It shall be the duty of every per- 
son owning or having charge of any pier, 
wharf, bulkhead, or slip in the city of New 
York to eauhe to be printed on the backs of 
all bills presented by them for wharfage, 
section 859 of this act, and the owner, 
consignee or person in charge of any vessel 
shall not be required to pay the wharfage or 
dockage due on such vessel unless upon his 
demand the bill printed in conformity with 
this section is presented to him. Any person 
owning or having charge of any pier, wharf, 
bulkhead or slip as aforesaid who shall re- 
ceive for wharfage any rates in excess of those 
now authorized by law shall forfeit to the 
party aggrieved treble the amount so charged 
as damages, to be sued for and recovered by 
the party aggrieved. 

What waters included in port of New York. 

Sec. 864. The port of New York, wherever 
the same is mentioned or referred to in this 
chapter, shall be deemed and taken to include, 
unless otherwise expressly stated, all the 
waters of the North river and Ease river and 
the harbor embraced within or adjacent to or 
opposite to the shores of the city of New 
York, as constituted by this act. 

Additional accommodations for canal boats. 

Sec. 865. The board of docks shall, in addi- 
tion to the piers and waters especially as- 
signed thereto by law, assign suoh accommoda- 
tions for canal boats and barges engaged in 
the business of transporting property on the 
Hudson river, or coming to tide water from 
the canals of the state, or arriving in said 
port from Albany, or any place north or west 
thereof, as may from time to time be neces- 
sary in receiving and discharging their 
cargoes. 

Penalty for vessels wrongfully entering canal 

boat territory. , 

Sec. 866. No vessel, other than canal boats, 
barges or lighters receiving or delivering 
property from or to said canal boats or 
barges, shall use or enter into for the purpose 
of using any part of the port of New York 
set apart for the use of canal boats and barges 
without the written consent of the board of 
docks had and obtained therefor, and then 
only between the first day of January and 
twentieth day of March in each year, and 
when not occupied by canal boats, under a 
penalty of one hundred dollars for every day 
that such vessel Shall remain in said part 
of said port so set apart after being notified 
to leave by the said board, and said penalty 
shall be a lien upon any such vessel, and be 
enforced by proceedings against it, Instituted 
by and In the name of the said board of 
docks according to the provisions of the laws 
of this state concerning attachments against 
vessels. 

Powers of dock masters to assign and regu- 
late stations for vessels; penalty for refus- 
ing to obey direction. 

Sec. 867. Each dock master appointed by the 
board of docks shall have power, within the 
district assigned to him, subject to the other 
provisions of this act, to provide and assign 
suitable accommodations for ali ships and 
vessels, and regulate them in the stations 
they are to occupy at the wharves or in the 


92 


THE CHARTER FOR THE GREATER NEW YORK. 


stream, and to remove from time to time such 
vessels as are not employed In receiving or 
discharging their cargoes; to make room for 
such others as require to be more immediate- 
ly accommodated for the purpose of receiving 
or discharging their cargoes, and shall have 
power to determine as to the fact of their 
being fairly and in good faith employed in re- 
ceiving or discharging their cargoes, and 
shall have authority to determine how far 
and in what instance it is the duty of the 
mas l er and others having charge of ships 
and vessels to accommodate each other in 
their respective situations. And If any mas- 
ter or any person having charge of any ves- 
sel, canal boat, barge, or lighter shall refuse 
or neglect to move his vessel, canal boat, 
barge or lighter when ordered to do so by the 
dock master, or shall resist or forcibly op- 
pose said officers in the discharge of their 
duties, such master or persons so refusing, 
neglecting, resisting or opposing, shall, for 
every such offense, forfeit and pay the sum 
of fifty dollars to be recovered with costs 
of suit, by and in the name of the board of 
docks before any court having cognizance 
thereof. 

False personation of dock master. 

Sec. 868. Any person who shall falsely rep- 
resent himself to be a dock master, or 
wrongfully perform the duties of dock mas- 
ter, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be impris- 
oned in the county jail for a term not ex- 
ceeding sixty days and fined, in the discre- 
tion of the court, a sum not exceeding twen- 
ty-five dollars. 

Violations to be reported. 

Sec. 869. It shall be the duty of the dock 
masters appointed by the board of docks to 
report to said board all violations of any of 
the provisions of this chapter and of the 
rules and regulations of the board of docks 
which may come to the knowledge of said 
dock masters or which may be known to 
them by complaint or otherwise. 

Floating docks authorized. 

Sec. 870. It shall be lawful for the floating 
docks of the New York Balance Dock com- 
pany and of the New York Floating Dry 
Dock company to be used, with the consent 
of the owners of the piers or bulkheads, 
respectively occupied for such use, or of the 
persons entitled to collect wharfage for such 
piers or bulkheads, for the purpose of taking 
up ships and vessels for repair, coppering or 
finishing, in the manner heretofore prac- 
ticed in the port of New York, subject to the 
authority established by this act to regulate 
by ordinance the use of the slips, piers and 
wharves of the city of New York. 


TITLE 3. 

GENERAL PROVISIONS. 


Grants of land under water restricted. 

Sec. 876. No grants of land under water 
shall be made by the municipal assembly of 
the city of New York, or by any officer, board 
or department thereof, beyond the exterior 
lines of the city of New York, as fixed by 
act of legislature, passed April seventeenth, 
eighteen hundred and fifty-seven, entitled, 
“An act to establish bulkhead and pier lines 
for the port of New York,” as amended by 


subsequent acts, unless as expressly author- 
ized by acts passed subsequent thereto. 

Time for improving lands adjacent to water on 

Harlem river. 

Sec. 877. The period of time fixed for the 
appropriation to the purposes of commerce by 
the construction of a dock or docks, and 
filling in the same, in all letters patent is- 
sued by the people of the state of New York 
to the owners of the adjacent upland for 
lands under water and between high and 
low water mark in front of and adjacent to 
the lands of the said owners of the adjacent 
upland cn the easterly shore of the Harlem 
river, is extended until two years after the 
time when plans for the improvement of 
said river shall have been or shall be com- 
pleted by the proper authorities, and cop- 
ies of such plans, filed, one in the office of 
the register of the county of New York, and 
one in the office of the secretary of state at 
Albany. 

Dumping snow and ice from piers. 

Sec. 878. It shall be lawful for the commis- 
sioner of street cleaning to cause to be 
dumped, or authorize to be dumped, snow 
and ice between the piers near their inshore 
ends, into the waters of the East and North 
or Hudson rivers. 

Injuries to vessels lying at exterior end of 

wharf. 

Sec. 879. It shall not be lawful for any 
vessel, canal boat, barge, lighter or tug to 
obstruct the waters of the harbor by lying 
at the exterior end of wharves in the waters 
of the North or East river, except at their 
own risk of injury from vessels entering 
or leaving any adjacent dock or pier; any 
vessel, canal boat, barge, lighter or tug so 
lying shall not be entitled to claim or de- 
mand damages for any injury caused by any 
vessel entering or leaving any adjacent pier. 

Certain substances not to be dumped in port of 

New York. 

Sec. 880. The placing, discharging or de- 
positing, by any process or in any manner, of 
refuse, dirt, ashes, cinders, mud, sand, dredg- 
ings, sludge acid, or any other refuse mat- 
ter, floatable or otherwise, in the tidal waters 
of the port of New York as defined by this act, 
except under permit of the United States su- 
pervisor of the harbor, is hereby strictly for- 
bidden, and every person violating the fore- 
going provisions shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall 
be punished by a fine of not more than two 
hundred and fifty dollars nor less than five 
dollars, or imprisonment for not more than 
six months nor less than ten days, one-half 
of said fine to be paid to the person or persons 
giving information which shall lead to convic- 
tion of such misdemeanor. 

Scows to receive ashes, etc., from steam tugs 
and vessels. 

Sec. 881. The various scows employed by 
the city of New York, or by the contractors 
for removing ashes, garbage and refuse of 
said city, while moored at the various dump- 
ing boards of said city are hereby designated 
and required to receive directly any and all 
ashes or rubbish from any steam tug or 
steam vessel in the harbor, and in addition 
to the foregoing provisions two or more scows 
shall be located at such points within the 


harbor as the supervisor of the harbor may 
direct for the special use of boats and ves- 
sels wishing to discharge ashes or rubbish. 

CHAPTER XVII. 

TAXES AND ASSESSMENTS. 

Title 1. Department of taxes and assessments; 
powers and duties. 

2. Assessments for local improvements 

other than those confirmed by a 
court of record. 

3. Vacating and modifying assessments 

for local improvements other than 
those confirmed by a court of rec- 
ord. 

4. Opening streets and parks. 

6. Sales of lands for taxes, assessments 
and water rates. 

TITLE 1. 

DEPARTMENT OF TAXES AND AS- 
SESSMENTS, POWERS AND 
DUTIES. 

One of the departments of the city. 

Sec. 884. The department of taxes and as- 
sessments shall be one of the departments in 
said city. 

Department: how composed. Term and salaries. 

Sec. 885. The head of the department of 
taxes and assessments shall be called the 
board of taxes and assessments. Said board 
shall consist of a president, who shall be des- 
ignated in his appointment, and four other 
persons, one of whom at least shall be a 
person learned in the law, who shall be call- 
ed commissioners of taxes and assessments. 
The president, unless sooner removed, shall 
hold his office for the term of six years, and 
until his successor shall be appointed and 
has qualified. The other commissioners shall 
unless sooner removed, hold their respective 
offices for the term of four years, and until 
their successors shall be appointed and have 
qualified. The commissioners first appointed 
under this act shall hold otnce by designation 
of the mayor for terms of one, two, three and 
four years respectively. The commissioners 
thereafter appointed shall hold office for the 
term of four years. The salary of the presi- 
dent shall be eight thousand dollars a year, 
and the salary of each of the other commis- 
sioners six thousand dollars a year. 

Devolution of power. 

Sec. 886. All of the rights, powers and du- 
ties heretofore devolved by law upon the 
board of taxes and assessments in the city of 
New York, upon the department of assess- 
ment of the city of Brooklyn, and upon like 
departments, boards or officers of taxes and 
assessments other than for street improve- 
ments in the other municipal and public cor- 
porations or parts of municipal and public 
corporations consolidated by this act with the 
municipal corporation known as the mayor, 
aldermen and commonalty of the city of New 
York are hereby devolved, unless otherwise 
herein expressly provided, upon and vested 
in the board of taxes and assessments in the 
city of New York. 

Deputy tax commissioners: how appointed: 

their duties, term of office and salary. 

Sec. 887. The board of taxes and assess- 
ments shall appoint persons to be known as 
deputy tax commissioners, not exceeding forty 


THE CHARTER FOR THE GREATER NEW YORK. 


93 


Jn number, who shall perform, under the di- 
rection and supervision of the board of taxes 
and assessments, such duties as the said board 
shall prescribe. The said board shall give 
such directions to the deputy tax commission- 
ers as it shall think expedient to secure in 
all the boroughs and parts of the city equal- 
ity of valuations of property for the purposes 
of taxation. Such deputy tax commissioners 
shall hold their office during the pleasure of 
the said board of taxes and assessments, and 
shall be subject to removal by the said board 
as deputies in the other city departments. 
The number of deputy tax commissioners 
above prescribed may from time to time be 
increased by the appointment of the board 
of taxes and assessments, provided such in- 
crease is authorized by the board of estimate 
and apportionment. The salary of each of 
said deputy tax commissioners shall be two 
thousand, seven hundred dollars a year. 

Apportionment of deputy tax commissioners 

among the boroughs. 

Sec. 888. In making the appointments of 
the deputy tax commissioners the head of 
the department of taxes and assessments shall 
apportion such appointments as nearly as may 
be, among persons residing in the several 
boroughs created by this act, according to 
the population of the several boroughs; and 
the persons performing similar duties in the 
several boroughs, when this act takes effect, 
chall, so far as the board shall deem them fit 
and competent, be preferred for the said ap- 
pointments first to be made hereunder. 

Deputy tax commissioners; duties of in assess- 
ing taxable property. 

Sec. 889. It shall be the duty of the deputy 
tax commissioners, under the direction of the 
board of taxes and assessments, to assess all 
the taxable property in the several districts 
that may be assigned to them for that pur- 
pose by said beard, and they shall furnish 
to the said board, under oath, a detailed state- 
ment of all such property, showing that said 
deputies have personally examined each and 
every house, building, lot, pier, or other as- 
sessable property, giving the street, lot, ward, 
town and map number of such real estate em- 
braced within said districts, together with 
the name of the owner or occupant, if known; 
(also, in their Judgment, the sum for which 
said property under ordinary circumstances 
would sell), with such other information in 
detail relative to personal property or other- 
wise, as the said board may, from time to 
time require. Such deputies shall commence 
to assess real and personal estate on the first 
Tuesday of September in each and every year. 

Offices of the department in the -boroughs. 

Sec. 890. There shall be an office of the de- 
partment of taxes and assessments in the 
borough of Brooklyn, a like office of the de- 
partment in the borough of Queens, a like 
office of the department in the borough of 
Richmond and a like office of the department 
in the borough of the Bronx; at which the 
duties of the department of taxes and assess- 
ments pertaining to the assessment of prop- 
erty in the said several boroughs shall, under 
the direction of the board of taxes and assess- 
ments, be performed by such number of the 
deputy tax commissioners or other employes 
of the department of taxes and assessments 
as the said department may decide to 
be necessary and assign to such duties. 
Such offices shall in law be a part of 
the main office, and the main office of 
the department of taxes and assessments 
shall be maintained in the borough of Man- 
J}£(tan. The books, maps, assessment rolls, 


files and records pertaining to the depart- 
ment of taxes and assessments of the muni- 
cipality heretofore designated as the mayor, 
aldermen and commonalty of the city of New 
York, of the department of assessment of 
the city of Brooklyn and of each and every' 
of the like offices in any of the municipal 
and public corporations, or parts of muni- 
cipal and public corporations consolidated by 
this act with the municipal corporation of 
the mayor, aldermen and commonalty of the 
city of New York, shall be delivered into and 
thereafter be in the custody and control of 
the department of taxes and assessments 
hereby constituted, to be kept in such of the 
offices of the said department as may be most 
convenient to the taxpayers and suitable to 
the proper discharge of the business of such 
department and shall be public records, and 
at all reasonable times open to public inspec- 
tion. 

Surveyor. 

Sec. 891. The said department of taxes and 
assessments shall appoint a surveyor from one 
of the city surveyors, whose duty it shall be 
to make necessary surveys and corrections of 
the ward maps, and also to make all new 
maps which may be required for the more 
accurate assessment of real estate within the 
territory consolidated by this act with the 
municipal corporation known as the mayor, 
aldermen and commonalty of the city of New 
York. He shall hold his office at the pleasure 
of the department of taxes and assessments, 
and may have such assistants as the said de- 
partment may decide to be necessary and pro- 
vide. 

Annual record of assessed valuation; what to 

contain and when to be open for examination 

and correction. 

Sec. 892. There shall be kept in the several 
offices established by the department of taxes 
and assessments books to be called "The an- 
nual record of the assessed valuation of real 

and personal estate of the borough of 

in which shall be entered in detail the assessed 
valuations of such property within the limits 
of the several boroughs of the city of New 
York as established by this act, which said 
books shall be open for examination and cor- 
rection from the second Monday in January 
until the first day of May, in each year; but 
on said last mentioned day the same shall be 
closed to enable the board of taxes and as- 
sessments to prepare assessment rolls of the 
several boroughs for delivery to the 
municipal assembly. The said board pre- 
vious to and during the time the 
said books are open as aforesaid for 
inspection shall advertise the fact in the 
City Record, and in the corporation newspa- 
pers and in such other newspaper or news- 
papers published in the several boroughs cre- 
ated by this act as may be authorized by *.he 
board of city record; provided, however, that 
for the year 1898 it shall be sufficient if said 
books be kept open from the first Monday of 
February to the first day of May of that year. 

Annual record of assessed valuation of real 

and personal estate of corporations to be 

kept in main office. 

Sec. 893. The department of taxes and as- 
sessments shall cause to be prepared and 
kept in the main office of the department of 
taxes and assessments, books to be called 
the annual record of the assessed valuations 
of real and personal estate of corporations, 
and it shall be the duty of the deputy tax 
commissioners in the several districts in the 
several boroughs which may be assigned to 


them for that purpose by the board of taxes 
and assessments, to furnish to the depart- 
ment of taxes and assessments, under oath 
at their main office, at the time that such 
statement is filed in any office of the depart- 
ment of taxes and assessments in any borough 
other than in the main office in the borough 
of Manhattan, a duplicate detailed statement 
of the assessable property of corporations, both 
real and personal, which said statements of 
said deputy tax commissioners shall be en- 
tered upon the books to be kept in the main 
office of the department of taxes and assess- 
ments, to be known as the annual record of 
the assessed valuation of real and personal 
estate of corporations. 

Assessed valuation of personal property: how 

to be entered. 

Sec. 894. The assessed valuation of all per- 
sonal property shall be entered by said deputy 
tax commissioners, or by such other persons 
as may be assigned to that duty by the de- 
partment of taxes and assessments in its 
several offices, In books or rolls, in alpha- 
betical order, of the names of persons and 
corporations subject to taxation. No tax or 
assessment shall be void by reason of the 
name of the rightful owner or owners, 
whether individuals or corporations, of real 
estate in any of the said boroughs not being 
inscribed in the assessment rolls or lists; 
but in such a case no tax shall be collected 
except from the real estate so assessed. 
The assessed valuation of all real and per- 
sonal property of corporations shall be en- 
tered in duplicate in the office in the borough 
where the same is assessed and in the main 
office of the department of taxes and assess- 
ments in the borough of Manhattan. 

Applications for correction of assessment. 

Sec. 895. During the time that books shall 
be open to public inspection as aforesaid ap- 
plication may be made by any person or cor- 
poration claiming to be aggrieved by the as- 
sessed valuation of real or personal estate, 
to have the same corrected. If such applica- 
tion be made in relation to the assessed valua- 
tion of real estate, it must be made in writ- 
ing, stating the ground of objection thereto. 
The board of taxes and assesments shall ex- 
amine into the complaint, as herein provided, 
and if in their judgment the assessment is 
erroneous they shall cause the same to be 
corrected. If such application be made in re- 
lation to the assessed valuation of personal 
estate, the applicant shall be examined under 
oath by a commissioner of taxes and assess- 
ments or a deputy tax commissioner, as here- 
in provided, who are hereby authorized to 
administer such oath, and if the assessment 
as hereinafter provided be determined by the 
board of taxes and assessments to be errcoio-r 
ous, it shall cause the same to be corrected 
and fix the amount of such assessment as the 
board of taxes and assessments may believe 
to be just, and declare Its decision upon such 
application within the time and in the man- 
ner hereinafter provided. But the commis- 
sioners of taxes and assessments may, during 
the month of May in any year, act upon ap- 
plications for the reduction of assessments 
upon either real or personal property filed 
in their offices on or before the 30th day of 
April preceding, and cause the amount of any 
assessment as corrected by the board of 
taxes and assessments to be entered upon the 
assessment rolls for the year in which such 
correction may be made. 

When assessed valuation mav be increased or 

diminished. 

Sec. 896. The board of taxes and assess- 
ment may increase at any time before Uie 


94 


THE CHARTER FOR THE GREATER NEW YORK. 


1st of May in each year, or may diminish at 
any time before the closing of the books of 
annual record on the 1st day of May in each 
year, the assessed valuation of any real or per- 
sonal estate of any individual or corporation 
as in its judgment may be just or necessary 
for the equalization or taxation; but it shall 
not increase such valuations of the property 
of any individual or corporation after said 
books are opened for oorreotion and review, 
except upon notice given to the individual 
or corporation affected by such increase at 
least ten days before the fifteenth day of 
May in each year. 

Power of the board to remit or reduce a tax. 

Sec. 897. The board of taxes and assess- 
ments is hereby invested with power to remit, 
where in the opinion of the corporation 
counsel lawful cause therefor is shown. It may 
reduce, if round excessive, a tax imposed upon 
real or personal property. It shall require a 
majority of the commissioners of taxes and 
assessments to remit or reduce the assessed 
valuation or personal property, and no tax on 
personal property shall be remitted, cancelled 
or reduced unless the person aggrieved shall 
satisfy the board of taxes and assessments 
that illness or absence from the city had pre- 
vented the filing of the complaint or making 
the application of the said hoard within the 
time allowed by law for the correction of 
taxes. Any remission or deduction of taxes 
upon the real estate of individuals or corpo- 
rations must be made within six months after 
the delivery of the books to the receiver of 
taxes for the collection of such tax. 

Applications for revision and cancellation of 

assessment in the several boroughs: when 

and how made. 

Sec. 898. The board of taxes and assess- 
ments from the whole number of persons 
appointed as deputy tax commissioners shall 
for each of the boroughs wherein one of the 
offices of the department of taxes and assess- 
ments Is establMied and maintained desig- 
nate one or more deputy tax commissioners, 
who shall, between the second Monday of 
January In each year and the first day of May 
following, receive applications for the revis- 
ion and cancellation of any assessments en- 
tered in the books of annual record of the as- 
sessed valuation of real and personal estate 
In that borough, take testimony on such ap- 
plications and reduce the same to writing, 
and when so reduced to writing transmit such 
applications and testimony, with his recom- 
mendation, to the board of taxes and assess- 
ments at their main office, in the borough of 
Manhattan, or to any office of the department 
of taxes in any borough as the board of taxe3 
and assessments may prescribe. Such deputy 
tax commissioners as may be designated for 
the purposes and as prescribed In this sec- 
tion, are hereby authorized between the sec- 
ond Monday of January and the first day of 
May to administer oaths for the purpose of 
taking testimony upon all applications for 
the revision or cancellation of assessments, 
and they are hereby required and directed 
to transmit the evidence so taken and reduced 
to writing, within ten days after the evidence 
upon any application Is taken, with their 
reoommendation, as hereinbefore described. 
The board of caxes and assessments shall hear 
at tholr main office all applications of corpo- 
rations for revision and cancellation of as- 
sessments; and as to all other applications, 
the said board may prescribe the time and 
place of hearing thereof in the several bor- 
oughs and give such public notice thereof :n 
the city reoord and in at least one newspaper 
in each borough as they may designate, and 
fu6 'ocw.ra may make such rules and regula- 


tions as may be appropriate and expedient to 
the end that the taxpayers of each borough 
other than corporations may have a hearing 
In the borough in which they reside or in 
which their property assessed is situated. 
All testimony taken by the board of taxes 
and assessments by any commissioner or by 
deputy tax commissioners as herein pre- 
scribed shall be reduced to writing and shall 
constitute part of the record of the proceed- 
ings upon any assessment. The decision of 
the board of taxes and assessments, upon 
any application for -the revision, reduction or 
cancellation of any assessment, and upon the 
evidence taken thereunder, shall, where the 
evidence is taken by the board of taxes and 
assessments, be rendered within thirty days 
after the hearing upon such application is 
closed. And where the evidence upon any 
application Is taken by any commissioner or 
a deputy tax commissioner the determination 
of the board of taxes and assessments shall 
be rendered within thirty days after the ap- 
plication and the testimony thereunder shall 
have been filed with the board of taxes and 
assessments, a't the main office of the depart- 
ment in the borough of Manhattan. 

Deputy tax commissioners to make up aggregate 

amount of assessed valuation in the boroughs. 

Sec. 899. It is hereby declared to be the duty 
of the deputy tax commissioners, or of such 
other persons as may have been assigned 
to the charge and direction of any one of the 
offices of the department of taxes and assess- 
ments In the several boroughs, to compute 
form the annual record of the assessed valua- 
tions of real and personal estate In each of 
the said several offices, the total aggregate 
amount of the assessed valuation of real and 
personal property appearing on said books for 
each of the said boroughs on the second Mon- 
day of January In any year, and to transmit 
a statement of such aggregate amounts of 
assessed valuations of real and personal prop- 
erty in the said several boroughs to the de- 
partment of taxes and assessments at their 
main office in the borough of Manhattan on or 
before the second Monday of January in each 
year. The board of taxes and assessments 
are hereby invested with the power and 
charged with the duty before opening the 
books for the public inspection as herein pre- 
scribed, to fix such valuations of property for 
the purposes of taxation throughout the city 
of New York at such sums as will, in their 
judgment, establish a just and equal relation 
between the valuations of property in each 
borough and throughout the entire city. To 
this end the board of taxes and assessments 
is authorized to require the deputy tax com- 
missioners to transmit a report to them of 
the assessed valuation of real and personal 
property in the several boroughs at such time 
prior to the second Monday of January in each 
year as the board of taxes and assessments 
may prescribe. 

Controller to submit to municipal assembly a 

statement showing the amounts necessary to 

be raised. 

Sec. 900. It shall be the duty of the control- 
ler of said city to prepare and submit to the 
municipal assembly, at least four weeks be- 
fore Its annual meeting in each and every 
year for the purpose of imposing tho annual 
taxes, a statement setting forth the amounts 
by law authorized to be raised by tax in that 
year, on account of the corporation of the 
city of New York, as hereby constituted, or 
for city purposes within said city as created 
by this act, and purposes for which said city 
is liable, and also an estimate of the probable 
amount of receipts inco the city treasury dur- 
ing the then current year from all the sources 


of revenue of the general fund®, including 
surplus revenue from the sinking funds of 
the mayor, aldermen and commonalty of the 
city of New York and of any of the municipal 
and public corporations, or parts of municipal 
and public corporations, by this act consoli- 
dated with the municipal corporation known 
as the mayor, aldermen and commonalty of 
the city of New York, other than the surplus 
of revenues of any such sinking funds for ■ 
the payment of interest on the city debt of 
the municipal corporation known as the 
mayor, aldermen and commonalty of the city 
of New York, or the like debts of the muni- 
cipal and public corporations by this act con- 
solidated as aforesaid, and the said municipal 
assembly is hereby authorized and directed 
to deduct the total amount of such estimated 
receipts from the aggregate amount of all 
the various sums which, by law, they are re- 
quired to order and cause to be raised by tax 
in said year, for the purposes aforesaid, and 
to cause to be raised by tax only the balance 
of such aggregate amount after making such 
deductions. 

Special provision for taxes of 1897-1898. 

Sec. 901. Inasmuch as the amounts due In 
the way of taxes for state and municipal 
purposes for the year 1898 will have been 
levied in the boroughs of Brooklyn, Queens 
and Richmond, prior to the 1st day of Jan- 
uary, 1898, but not in the city of New York, 
now, in order to prevent double taxation of 
property outside of the limits of the present 
city of New York, for the year 1898, it Is 
hereby provided that in said year 1898 the 
balance so caused to be raised by tax shall 
be raised exclusively fro-m property within 
the limits of the corporation heretofore 
known as the mayor, aldermen and common- 
alty of the city of New York; but It is fur- 
ther provided that In case it shall transpire 
that the amount levied or collected from any 
borough outside of the present city of New 
York, and available to the uses of the city, 
as constituted by this act, for the year 1898, 
shall be more or less than Its due proportion 
of the expenses for the year 1898 of the city 
as constituted by this act, such excess or de- 
ficit shall be equalized and adjusted In the 
budget of the following year; to the end that 
each borough shall bear its fair proportion of 
the expenditures of the city for the year 1898. 
The municipal assembly shall have full power 
by appropriate ordinances to enforce this pro- 
vision, and Is hereby Invested with power to 
make such equalization and adjustment by 
different rates of taxation, or otherwise, In 
the several boroughs, to the end that taking 
the years 1898 and 1899, together, each 
borough shall pay Its proper proportion of 
the general expenses of the city for both 
years. 

How county charges and expenses in New York, 

Kings and Richmond counties and that part 

of Queens county within the city are to be 

paid. 

Sec. 902. In the statement submitted by the 
controller to the municipal assembly, as 
above provided In this chapter, he shall each 
year Include and state specifically the sum or 
sums necessary to be raised to pay during the 
current year the salaries of the county of- 
ficers and the other county charges and ex- 
penses In the counties of New York, Kings 
and Richmond, respectively; and the sum or 
sums which should be paid for like purposes 
by that part of Queens county included with- 
in the city and the municipal assembly is 
hereby authorized and directed to levy upon 
and collect from the taxable property within 
each of said counties, and part of county, re- 
spectively, the sum or sums so necessary 


THE CHARTER FOR THE GREATER NEW YORK. 


95 


be raised to pay the salaries of county officers 
and other county charges and expenses of 
such county or part of county, to the end 
that each of said counties and said part of 
Queens county shall ultimately bear and pay 
all expenses necessary to be incurred within 
the county or part of county, for county as 
distinguished from city purposes. 

Permits for buildings, etc.; copies of to be sent 

to the department of taxes and assessments. 

Sec. 903. Whenever any permit shall be 
granted by the proper officer of the city gov- 
ernment as created by this act for the erec- 
tion of any building, pier or bulkhead within 
said city, a copy of such permit shall he with- 
in five days after its issue furnished by the 
officer granting the same to the department 
of taxes and assessments. 

Exemptions. 

Sec. 904. The exemption from taxation of 
every building for public worship, and every 
school house or other seminary of learning 
under the provisions of subdivision 3 of sec- 
tion 4, title 1, chapter XIII of part First of the 
revised statutes or amendments thereof, shall 
not apply to any such building or premises 
within 'the limits of the city of New York, 
as defined by this act, unless the same shall 
he exclusively used for such purpose, and be 
exclusively the property of a religious so- 
ciety. 

Exemptions, continued. 

Sec. 905. Nothing in this chapter shall affect 
any existing and valid exemptions from taxa- 
tion heretofore created by law respecting any 
property, real or personal, within the limits 
of the city of New York as constituted by this 
act. 

Certiorari to review final determination of the 

department. 

Sec. 906. A certorari to review or correct on 
the merits any final determination of the 
board of taxes and assessments shall be al- 
lowed by the supreme court or any justice 
thereof directed to the commissioners of taxes 
and assessments on the verified petition of 
the party aggrieved, but only on the grounds 
which must be specified in such petition, that 
the assessment is illegal, and giving the par- 
ticulars of the alleged illegality, or is erron- 
eous by reason of over valuation or, in case 
of real estate that the same is erroneous by 
reason of inequality in that the assessment 
has been made at a higher proportionate valu- 
ation than the assessment of other real es- 
tate on the tax rolls of the city for the 
same year, specifying the instances in which 
such inequality exists, and the extent there- 
of, .and stating that he is or will be injured 
thereby. 

When assessment rolls to be made and delivered 

to the municipal assembly. 

Sec. 907. Beginning with the 1st day of May 
in each year the board of taxes and assess- 
ments shall cause to be prepared Trom the 
books of annual record of assessed valuations 
of real and personal estate in the several of- 
fices of the department of taxes and assess- 
ments in the several boroughs, assessment rolls 
for each of said several boroughs, and shall, as 
soon as such rolls are completed, annex to 
each of said rolls their certificates that the 
same is correct in accordance with the en- 
tries in said several books of record. The 
rolls so certified must, on the first Monday 
of July in each year be delivered by the board 
of taxes and assessments to the municipal as- 
sembly, which shall meet at noon on that 
day at the city hall, or usual place of meet- 


ing, in the borough of Manhattan, for the 
purpose of receiving the same, and for the 
purpose of performing such other duties in 
relation thereto as are prescribed by law; ex- 
cept that whenever said first Monday in July 
shall fall on a legal holiday, said rolls shall 
be delivered by raid board of taxes and as- 
sessments on the next succeeding day there- 
after to the municipal assembly, which shall 
meet at noon on such next succeeding day, 
at the place and in the manner and for the 
purposes hereinafter specified. 

Meaning of the words “board of taxes and as- 
sessments” in this chapter. Majority clause. 

Sec. 908. Whenever any act is required or 
authorized to be done or any determination 
or decision made by the board of taxes and 
assessments, or any other body or board, 
then in the absence of express provision to 
the contrary, any such act, if done, or any 
such determination or decision, if made by 
a majority of the body or board shall, within 
the meaning of this act be held to be the act, 
determination or decision of the body or 
board. 

Assessments rolls to remain in custody of 

municipal assembly. 

Sec. 909. The tax or assessment rolls, when 
finally submitted to the municipal assembly on 
the first Monday of July in each year, shall 
remain in the custody of said assembly, but 
the president of the council may, by written 
permission, permit access to them, and he is 
hereby, in the name of the municipal assem- 
bly and as its act, authorized and directed to 
cause to be properly estimated and computed 
the taxes annually Imposed, and cause the 
same to be properly set down or extended in 
the several assessment rolls or tax books, as 
required by the next section. It shall also be 
the duty of said president to cause the items 
of said taxes to be carefully added and to set 
down the amount of the same therein; and 
the duty of said president to cause the items 
of said taxes to be carefully added, and to 
set down the amount of the same therein; and 
when completed to deliver the tax books re- 
lating to real estate to the collector 
of assessments and arrears, in order that 
the unpaid water rents of each preced- 
ing year may be entered therein. After 
such completion of the assessment rolls or tax 
books it shall be the duty of the city clerk to 
procure the proper warrants authorizing and 
requiring the receiver of taxes to collect the 
several sums therein mentioned according to 
law, and such warrants need be signed only 
by the president of the council and the presi- 
dent of the board of aldermen, and counter- 
signed by the city clerk, and immediately 
thereafter the president of the council shall 
deliver the said assessment rolls, with the 
warrants aforesaid annexed thereto, to the re- 
ceiver of taxes, at the same time notifying 
the controller of the amount of taxes in each 
book, in order that he may cause the proper 
sum to be charged to the receiver for collec- 
tion. 

Id. Duties of municipal assembly respecting. 

Sec. 910. At such annual meeting the muni- 
cipal assembly must make such alterations 
in the description of real property belonging 
to non-residents as may be necessary to ren- 
der such descriptions conformable to the 
provisions of law; and if such alterations 
cannot be made, they must expunge the de- 
scriptions of such real property, and the as- 
sessments thereon from the assessment roils. 
They must also estimate and set down in a 
fifth column, to be prepared for that purpose 
in the assessment rolls, opposite to the sev- 


eral sums set down as the valuation of real 
and personal property, the respective sums, 
in dollars and cents, to be paid as a tax 
thereon, rejecting the fractions of a cent. 
They must also add up and set down the ag- 
gregate valuations of the real and personal 
property in {he several boroughs as cor- 
rected by them; and must transmit to the 
controller of this state by mail a certificate 
of such aggregate valuations, showing sepa- 
rately the aggregate amount of the real and 
personal property in each borough, as cor- 
rected by the municipal assembly. 

Corrected roll to be delivered to receiver of 

taxes. 

Sec. 911. They must also cause the assess- 
ment rolls of each borough, when corrected 
according to law, and finally completed, or 
a fair copy thereof, to be delivered to. the 
receiver of taxes in and for the city on or 
before the first day of September thereafter, 
with the proper warrant or warrants an- 
nexed, signed by the president of the council 
and the president of the board of aldermen 
and countersigned by the city clerk, direct- 
ing and requiring him to collect from the 
several persons named in the assessment 
rolls the several sums mentioned in the last 
column of such roll, opposite to their respec- 
tive names, and to pay the same from time 
to time, when so collected, to the chamber- 
lain of the city. 

Penalty for municipal assembly's neglect. 

Sec. 912. If the municipal assembly shall 
willfully refuse or neglect to perform any 
of the duties required of them by the two 
preceding sections, each member so refusing 
or neglecting shall forfeit to the city of New 
York the sum of five hundred dollars, to be 
recovered in a civil action; and shall also be 
punishable for a misdemeanor, and upon con- 
viction thereof, shall forfeit his office. 

Where taxes due and payable. 

Sec. 913. The receiver of taxes, upon receiv- 
ing the assessment rolls and warrants shall 
immediately cause the assessment rolls and 
warrants for each of the several boroughs 
wherein he shall, under the designation of the 
municipal assembly, have an office, to be de- 
livered at and filed in such office, and shall 
thereafter proceed to collect and receive said 
taxes from the several individuals and corpo- 
rations assessed in the said assessment roll* 
in the manner hereafter prescribed. 

Receiver of taxes to give public notice. 

Sec. 914. The receiver of taxes shall, imme- 
diately after he shall have received the assess- 
ment rolls, give public notice in the City Rec- 
ord and the corporation newspapers and in 
such newspaper or newspapers published in 
the several boroughs as may be designated 
by the board of city record, or in default of 
any newspaper being published in any bor- 
ough, in such newspaper or newspapers hav- 
ing a general circulation in such borough a* 
the board of city record shall direct, that said 
assessment rolls have been delivered to him 
and that all taxes are then due and payable 
at his office in the said respective boroughs, 
and that in case of payment on or before the 
first day of November thereafter the persons 
so paying shall be entitled to the benefits men- 
tioned in the next section. 

Rebate for prompt payment. 

Sec. 915. If any person who shall be assessed 
in any of the said assessment rolls shall pay 
the amount of his taxes on or before the first 
day of November, succeeding the delivery of 
the said assessment rolls and warrants to the 
said receiver, it shall be the duty of the re- 


96 


THE CHARTER FOR THE GREATER NEW YORK. 


ceiver or any of his deputies to receive the 
same, and to deduct therefrom interest, at 
the rate of 6 per cent, per annum, between the 
day of such payment and the first day of De- 
cember then next succeeding. 

Interest on unpaid taxes. 

Sec. 910. If any sucb tax shall remain un- 
paid on the said first day of December it shall 
be tbe duty of the receiver of taxes to charge, 
receive and collect upon such tex so remain- 
ing unpaid on that day, in addition to the 
amount of such tax one percentum on the 
amount thereof, and to charge, receive and col- 
lect upon such tax so remaining unpaid on the 
first day of January thereafter, Interest upon 
the amount thereof, at the rute of seven per 
centum per annum, to be calculated from the 
day on which said assessment rolls and war- 
rants shall have been delivered to the receiver 
of taxes to "the date of payment; and such in- 
crease or percentage shall be paid over and 
accounted for by such receiver from time to 
time, as a part of the tax collected by him. 

Id. Continued. 

Sec. 917. It shall be the duty of the said re- 
ceiver, in person or by his deputies, to charge, 
collect and receive upon all ’taxes remaining 
unpaid on and after the said first day of Janu- 
ary, interest at a rate of seven per cent, per 
annum, to be calculated from the day on which 
the said assessment rolls and warrants shall 
have been delivered to the receiver. 

Duty of receiver where taxes remain unpaid on 

the first of November following the delivery 

of assessments and warrants. 

Sec. 918. If any taxes of any year shall re- 
main unpaid on 'the first day of November next 
after the assessments and warrants to collect 
such taxes have been delivered to the receiver 
of taxes at his office in the borough of Man- 
hattan, it shall be the duty of the receiver ‘to 
give notice by advertisement for at least ten 
days in the City Record and the corporation 
newspapers, and in such daily paper having a 
general circulation in any borough as the 
board of cf:y record shall designate, that un- 
less the same shall be paid to him at his office 
on or before the first day of December, in any 
such year, he will Immediately thereafter pro- 
ceed to collect such unpaid taxes as provided 
herein. 

Public notice to be given by receiver after De- 
cember 1st in each year. 

Sec. 919. The receiver of taxes shall imme- 
diately after the 1st day of December, in each 
year, give public notice in the City Record, 
and the corporation newspapers, and in such 
daily paper having a general circulation 
In any borough as the board of City 
Record may designate, at least ten days, no- 
tifying all persons or corporations who have 
omitted to pay their taxes to pay the same to 
him at his office in the borough of Man- 
hattan or to his several deputies in the sev- 
eral boroughs. 

Undivided parts of taxes: payment of. 

Sec. 920. If a sum of money in gross has 
been or shall be taxed upon any lands or 
premises, any person or persons claiming any 
divided or undivided part thereof may pay 
such part of the sum of money so taxed, 
also of the interest and charges due or 
charged thereon, and the said controller may 
deem to be just and equitable; and the re- 
mainder of the sum of money so taxed, to- 
gether with the interest and charges, shall be 
a lien upon the residue of the land and 
premises only, which residue may be sold 
to satisfy the residue of such tax, interest, or 


charges, in the same manner as though the 
residue of said tax had been imposed upon 
the residue of the said lands or premises. 

Corporations: tax for, how collected. 

Sec. 921. The said receiver of taxes shall 
proceed in enforcing the collection and pay- 
ment of taxes against corporations or asso- 
ciations, and their officers and directors, • or 
trustees, in the same manner as against in- 
dividuals; such taxes shall be paid out of the 
funds of the company and shall be ratably 
deducted from the dividends of those stock- 
holders whose stock was taxed, or shall be 
charged upon such stock, if no dividends be 
afterward declared. 

Daily statement of taxes received to be render- 
ed to chamberlain. 

Sec. 922. The receiver of taxes shall enter 
into suitable books, to be kept by him for that 
purpose, the sums received by him for taxes, 
and at the expiration of the office hours for 
each day, aud before 3 o’clock thereof, shall 
render a statement of the same to the cham- 
berlain and at the same time on each day pay 
over to the said chamberlain the amount re- 
ceived on such day; he shall also thereupon 
receive from the said chamberlain a voucher 
for the payment of such sums, which he shall 
forthwith, on the same day, exhibit to" the 
controller of the said city. But the duty by 
this section imposed may, in respect to the 
borough of Brooklyn, be discharged by the 
deputy receiver of taxes and the deputy cham- 
berlain located in the borough of Brooklyn, 
and likewise by similar deputy officers for 
the borough of the Bronx, the borough of 
Queens, and the borough of Richomnd. 

Receiver’s account of taxes received: how to 

be kept. 

Sec. 923. It shall be the duty of the receiv- 
er, and of deputy receivers, from time to time 
to enter in a column, to be made for that pur- 
pose, upon the assessment rolls in his posses- 
sion, opposite to the names of the persons 
mentioned therein, and who shall pay their tax 
as aforesaid, to the receiver o'f taxes, person- 
ally or by deputy, the fact of such payment, 
the amount thereof, and the day when paid, 
and to enter into suitable books, to be kept 
for that purpose, on each day such payment, 
aud the names of the parties respectively on 
whose account the same were paid; and at the 
expiration of the office hours, and on the 
same day, he shall furnish to the controller 
of the said city, personally or by deputy, a 
detailed statement of such sums of the 
borough for which received, and the names 
of the parties respectively on whose account 
the same have been paid, which shall be filed 
by the said controller in his office. The con- 
troller shall, on each day. Immediately after 
receiving from said receiver or deputy the 
statement, compare the same with a voucher 
furnished to him by the chamberlain for the 
payment thereof to the chamberlain, and if 
the aggregate amounts thereof shall corre- 
spond, shall credit the said receiver of taxes 
in his book with such amount. 

Penalty for failure to report to chamberlain. 

Sec. 924. If the receiver of taxes, or any 
deputy receiver shall on any day omit or 
neglect to furnish to the chamberlain or to 
the controller, respectively, the statements 
and vouchers required by law, or to make 
the daily payments hereinbefore prescribed, it 
shall be the duty of the controller forthwith 
to suspend from office the party delinquent. 
In case of such suspension the controller shall 
appoint a suitable person to perform the du- 
ties of the officer so suspended, who shall 


continue to act as such officer, with all the 
powers conferred upon him by this title, until 
the parties suspended shall be restored, or 
another person shall have been appointed. 
On making such temporary appointment the 
controller shall be required to take from the 
party so appointed a bond, with two sufficient 
sureties, to be approved by the chamberlain, 
and filed with the said controller, in such penal 
sum as the said chamberlain may deem just, 
conditioned for the faithful performance of 
the duties of the office, during the continuance 
of the person so appointed therein, and all 
the provisions of this title prescribing the 
duties of the receiver of taxes, and the deputy 
receiver shall apply to the person or persons 
so appointed in their stead" by the control- 
ler. 

Provision in case of sickness. 

Sec. 925. In case of inablltiy of the re- 
ceiver to perform the duties of his office by 
reason of sickness or absence from the city 
the controller shall designate some suitable 
person to perform the duties of his office dur- 
ing such inability or absence, and shall, in his 
discretion, take from such person a bond, 
with sufficient sureties, In the manner pre- 
scribed in the preceding section. 

Collection of unpaid personal tax by distress 

and sale. 

Sec. 926. It shall be lawful for the said re- 
ceiver, if any tax for personal property and 
the interest thereon, as hereinbefore provided, 
shall remain unpaid on the fifteenth day of 
the month of January, succeeding the receipt 
by him of the rolls, to issue his warrant 
under his hand and seal directed to any 
marshal commanding him to levy the 
said tax, with interest thereon at the 
rate of seven per cent, per annum from 
the day of the delivering of the as- 
sessment rolls and warrants to the said 
receiver to the time when the same shall be 
paid by distress and sale of the goods and 
chattels of the person against whom the said 
warrant shall be issued, or of any goods and 
chattels in his or her possession, whereso- 
ever the same shall be found within the said 
city, and to pay the same to the said receiver 
and return such warrant within thirty days 
after the date thereof. For the purposes of 
this section the jurisdiction of the marshal is 
co-extensive with the city of New York. 
The controller of the city of New York, how- 
ever, may from time to time, as may be neces- 
sary to insure prompt collection of said tax, 
extend or renew such warrant, but no single 
extension or renewal thereof shall In any 
event exceed sixty days. 

Id. May add costs 'of distress and sale. 

Sec. 927. In all cases where the said receiver 
shall proceedby distress and saleof the goods 
and chattels of any person for the payment of 
any tax due and payable, it shall be lawful 
for him to authorize and empower the officer 
making such distress and sale to collect, in 
addition to the tax and the interest thereon, 
the costs of such distress and sale, which 
costs ^iall be in addition to any disbursements 
five cents for every dollar collected to the 
amount of one hundred dollars, and two and 
one-half cents for every dollar collected over 
one hundred cellars. 

Id. Sale to be advertised. 

Sec. 928. The marshal to whom a warrant 
for the collection of any tax is issued shall 
give public notice at the time and place of 
sale of any property distrained by virtue 
thereof, and of the property to be sold, at 
least six days previous to the sale, by adver- 
tisements to be posted up in at least three 


l 


THE CHARTER FOR THE GREATER NEW YORK. 


97 


public places In the ward where such sale 
shall be made. The sale shall be by public 
auction. 

Id. Disposition of surplus. 

Sec. 929. If the property distrained shall 
be sold for more than the amount of the tax, 
the surplus shall be returned to the person 
in whose possession such property was when 
the distress was made, if no claim be made 
to such surplus or any other person. If any 
otfcer person shall claim such surplus, on the 
ground that the property sold belonged to him 
and such claim be admitted by the person for 
whose tax the same was distrained, the sur- 
plus shall be paid to such owner; but if such 
claim be contested by the person for whose 
tax the property was distrained, the surplus 
moneys shall be retained by the said marshal 
until the rights of the parties shall be 
judicially determined. 

Enforcing payment of personal taxes; fine 

may be imposed. 

Sec.. 930. In case of the refusal or neglect 
of any person to pay any tax imposed on him 
for personal property, if there be no goods 
or chatteCs in his possession upon which the 
same may be levied by distress and sale ac- 
cording to law, and if the value of the proper- 
ty assessed shall be the sum of one thousand 
dollars, the said receiver, if he has reason to 
believe that the person taxed has debts, cred- 
its, choses in action, or other personal proper- 
ty not taxed elsewhere in this state, and 
upon which the levy cannot be made accord- 
ing to law, may thereupon, in his discretion, 
make application to the supreme court, within 
one year from the date of the return of the 
warrant by the marshal, to enforce the 
payment of such tax. The court may im- 
pose a fine for the misconduct mentioned 
In this section, sufficient in amount for the 
payment of the tax assessed, and ten dollars, 
costs of motion, together with expenses of the 
proceedings authorized by this title, to en- 
force such payment or to punish such mis- 
conduct; and the amount of such tax shall be 
paid out of such fine to the said receiver, 
who shall pay over the same in like manner 
as the tax was required to be paid; and 
costs and expenses of such proceedings shall 
be paid out of such fine to the said receiver 
wfho made the application to enforce the pay- 
ment of the tax. 

Id. Order to prosecute: when operates as as- 
signment of bond. 

Sec. 931. Whenever any bond taken under 
the proceedings referred to in the last preced- 
ing section shall be ordered to be prosecuted, 
such order shall operate as an assignment of 
the bond to the said receiver, who shall be 
'authorized to prosecute the same in any court 
of record, in his name as such receiver, as the 
assignee of the officer to whom the said bond 
was given, in the same manner as in other 
actions on bonds with conditions to perform 
covenants other than for the payment of 
money; and the measure of damages in such 
action shall be the extent of such tax, and the 
cost and expenses of the proceedings to en- 
force the payment hereof, and shall be applied 
and paid in like manner as the fine men- 
tioned in the next preceding section is therein 
directed to be applied and paid, and in all 
such actions, if the plaintiff recovers, he shail 
recover all costs against the defendant. 

Id. Cases to be sent to corporation counsel. 

Sec. 932. It shall be the duty of the receiver 
of taxes to send or cause to be sent to the 
corporation counsel, monthly, all cases of 
personal taxes embraced in the assessment 
rolls, when the assessment is one thousand 
dollars or more, and upon which a warrant 


to any of the marshals of said city has been 
issued and unsatisfied for a period of sixty 
days, or returned unsatisfied in whole or part, 
and of all other cases of personal taxes, ex- 
cept in those cases where the controller may 
extend the warrant, when application to any 
court may be made for the collection of the 
tax, and the said counsel is authorized to 
make requisitions upon the said receiver for 
all such cases. 

Id. Duties of corporation counsel. 

Sec. 933. The corporation counsel shall be 
charged with the prosecution of all suits or 
proceedings, in any court having jurisdiction, 
for the collection of all cases of personal 
taxes sent to him by the receiver of 
taxes, or where, by any law of this state, any 
suit or proceeding may be instituted by such 
receiver, or any marshal acting under a tax 
warrant, in afiy court for the collection of 
any tax for personal property, and shall, sub- 
ject to such control, act as counsel to the re- 
ceiver of taxes, and to any marshal acting 
under the warrant of said receiver in the 
collection of any tax for personal property. 


the city, in an action in any court of record 
in this state. 

Sec. 937. All taxes and assessments levied 
before the first day of January, 1898, by law- 
ful authority in any of the municipal and pub- 
lic corporations hereby consolidated, includ- 
ing the counties of Kings and of Richmond, 
and that part of the county of Queens in- 
cluded within the city of New York, as here- 
by constituted, and which shall remain due 
and unpaid on said first day of January, 1898, 
shall become and be due and payable to and 
collectible by said city, and all tax and as- 
sessment lists in the possession of any officer 
of any of said municipal and public corpora- 
tions and counties, on the 31st day of Decem- 
ber, 1897, shall be transmitted to and deposit- 
ed with the controller on immediately after 
the first day of January, 1898, and the control- 
ler shall thereupon transmit the same to the 
collector of assessments and arrears for col- 
lection by suit, or under and pursuant to 
the laws in force when the said taxes were 
levied, or in force when this act taxes effect. 

TITLE 2. 


Court to dismiss proceedings if satisfied that 

taxes on personal property cannot be paid. 

Sec. 934. The court in which any proceed- 
ing may be commenced to enforce the pay- 
ment of any tax for personal property may 
dismiss the proceedings absolutely without 
costs, or conditionally, upon the payment 
of costs, or may, on the facts, in its discretion, 
dismiss such proceedings on the payment of 
such part of tho tax and oosts as shall be 
just, in any case where it shall be satisfied 
that the person or persons taxed are unable, 
for want of property, or other reason, to pay 
any tax. In cases where any proceedings 
shall be dismissed under this section, on pay- 
ment of a portion of the tax, a copy of the 
order of the court shall be filed with the re- 
ceiver of taxes, and a note of the contents 
of such order entered upon the assessment 
roll, and it shall be the duty of said counsel 
to report all cases dismissed on account of 
the inability of the person to pay the tax to 
the commissioner of taxes and assessments, 
annually, on the thirty-first day of December 
i~each year; and said commissioner is here- 
by authorized to strike the names of all such 
persons from the assessment rolls for the 
succeeding year. 

Counsel to keep register, etc. 

Sec. 935. The corporation counsel shall keep, 
in proper books to be provided by the cor- 
poration of said city for that purpose, a 
register of all actions or proceedings prose- 
cuted, and upon the expiration of his term 
of office, or his resignation thereof or re- 
moval therefrom, the corporation counsel 
shall deliver to his successor in office all 
books and papers in his hands belonging to 
his office, or delivered to him by the receiver 
of taxes, or any marshal of said city, and in 
any way connected with his office, or any 
business pertaining thereto. The said counsel 
or any marshal shall pay over, under oath, 
to the receiver of taxes of said city, monthly, 
or oftener if required, all taxes collected by 
him. 

Receiver; when may sue for personal taxes. 

Sec. 936. Any tax duly imposed for per- 
sonal property upon any person or corpora- 
tion in the city of New York, and which 
shall remain unpaid and in arrears on the 
fifteenth day of January succeeding the year 
in which it shall have been imposed, may be 
recovered, with interests and costs, by the 
receiver of taxes of said city in the name of 


ASSESSMENTS FOR LOCAL IM- 
PROVEMENTS OTHER THAN 
THOSE CONFIRMED BY A 
COURT OF RECORD. 

Assessment — Term how construed. 

Section 942. The word assessment, wherever 
used in this title and in the next succeeding 
one, Shall be construed to mean an assessment 
for any local improvement which may be 
lawfully confirmed in any other manner than 
by a court of record. 

Mayor to appoint a board of assessors; salar/f 

subordinates. 

Sec. 943. The mayor shall appoint five per- 
sons, who shall constitute the board of asses- 
sors. The salary of each member of said 
board shall be three thousand dollars a year. 
The said board shall be charged with the duty 
of making all assessments, other than those 
required by law to be confirmed by a court 
of record, for local improvements for which 
assessments may be legally imposed in any 
part of the city of New York as hereby con- 
stituted. The said board shall appoint a sec- 
retary and such clerks and subordinates as 
may be necessary, and shall fix their salaries, 
not exceeding in the aggregate the appropria- 
tion made for such purpose in the final esti- 
mate. 

The secretary, clerks and subordinates of 
the board of assessors of the mayor, aider- 
men anct commonalty of the city of New York 
shall be and act as secretary, clerks and 
subordinates of the board of assessors herein 
provided for until and unless they shall be re- 
moved or superseded by the last mentioned 
board of assessors. 

The board of revision of assessments. 

Sec. 944. The controller, corporation coun- 
sel and president of the board of public im- 
provements shall constitute the board of re- 
vision of assessments. The said board, or a 
majority thereof, shall have and perform all 
the powers and duties relative to the revision, 
correction and confirmation of assessments 
specified in the various laws and ordinances 
relating to assessments in any part of the 
city of New York, as hereby constituted, 
other than assessments made by commis- 
sioners appointed by a court of record, and 
other than those confirmed by the board of 
assessors; said board shall have power to con- 
sider, on the merits, all objections made to 
any such assessment, and to subpena and «- 


58 THE CHARTER FOR THE GREATER NEW YORK. 


amine witnesses in relation thereto, and to 
confirm said assessment, or to refer the same 
back to the board of assessors for revisal and 
correction in such respects as it may deter- 
mine. The revision of such assessment shall 
be made without delay, so that unless the 
same are referred back for revisal and cor- 
rection they shall be confirmed within thirty 
days from the time they shall, respectively, 
be presented for confirmation, and If not so 
confirmed or referred back they shall be 
deemed to be confirmed at the expiration of 
thirty days from the time they shall be, re- 
spectively, so presented for confirmation. All 
such assessments, immediately upon con- 
firmation, sjall be transmitted to the con- 
troller for entry and collection. 

Powers of the two boards. 

Sec. 945. In addition to the powers herein 
specifically conferred upon the board of as- 
sessors and the board of revision, the said 
beards shall have and exercise, as to the 
whole territory embraced in the city of New 
York, each and every power .and authority 
conferred upon and exercised by the board 
of assessors, and the board of revision and 
correction of assessments, respectively, of the 
corporation heretofore known as the mayor, 
aldermen and commonalty of the city of New 
York. 

Certificates on which assessments are made. 

Sec. 946. All assessments shall be made by 
the board of assessors on the following cer- 
tificates, to wit. : 

1, The officer or head of the board or de- 
partment charged with the execution of the 
work in question, shall certify to the board of 
assessors the total amount of all the expenses 
which shall have been actually incurred by 
the city of New York on account thereof. 

2. The controller shall certify to the board 
of assessors the amount of the interest, at the 
legal rate, upon the several installments ad- 
vanced or payments made on account of such 
work, from the time of such payment or ad- 
vance, by the city, to a day sixty days after 
the date of such certificate. Thereafter the 
board of assessors shall assess upon the prop- 
erty benefited, in the manner authorized by 
law, the aggregate amount of such certificates, 
or such proportion thereof as is authorized 
by law, and the saifi board shall not in any 
way be enjoined, restrained, hindered or de- 
layed in the performance of this duty, provid- 
ed that nothing contained in this section shall 
be construed to affect the powers of the board 
of revision of assessments. 

Assessment not to exceed o ne-half the valua- 
tion. 

Sec. 947. The assessors shall in no case as- 
sess any house or lot, improved or unimproved 
lands, more than one-half the fair value of 
such house, lot, improved or unimproved lands. 

Assessment for repaving: when forbidden. 

Sec. 948. Unless i't shall be petitioned for by 
a majority of the owners of the property (who 
shall also be the owners of a majority of the 
front feet), on a line of the proposed improve- 
ment, no assessment shall be imposed for the 
paving of any street, or any portion thereof, 
which has been once paved, and the expense 
thereof paid by the owners of the adjoining 
property. This section, however, shall apply 
only to the streets within the territory of the 
corporation formerly known as the mayor, al- 
dermen and commonalty of the city of New 
York. 

How property shall be described by the 

assessors. 

Sec. 949. In all cases the assessors shall 
describe in the assessment the property as- , 


sessed by the same ward or block numbers 
or other designations as shall be used to 
designate the said property on the tax books 
of the city of New York. They shall also 
describe the houses and lots assessed by their 
street numbers, if any. The assessors shall 
also state the name of the owner or owners 
and occupant or occupants, if they be known 
to the assessors, and it shall be their duty 
to ascertain, as far as may be, by inquiry from 
the commissioners of taxes and assessments 
or others, such ownership and occupation, and 
such commissioners shall afford the requisite 
information. 

Notice of completion of assessments to be 

given. 

Sec. 950. It shall be the duty of the board of 
assessors, when it has completed any pro- 
posed assessment, to give notice of the fact 
and that it is proposed to lay the same to 
the owner or owners; such notice shall be 
published daily in the City Record, and the 
corporation newspapers, for at least ten 
days successively. The notice shall de- 
scribe the limits within which it is proposed 
to lay the said assessment, and shall contain 
a request for all persons whose interests may 
be affected thereby, and who may be opposed 
to the same, to present their objections, in 
writing, to the secretary of the assessors 
within thirty days from the date of such no- 
tice, and specifying a time and place after the 
expiration of the said thirty days when and 
where the said objections will be heard and 
testimony received in reference thereto. If, 
after hearing and examining such objections 
and testimony, the assessors shall not deem 
it proper to alter their assessment, or having 
altered it there shall still be objections to the 
same, it shall be their duty to present such 
objections with the proposed assessment to 
the board of revision of assessments. 

If no objections shall be received, or if the 
board of assessors shall alter the assessment 
so as to satisfy the objectors, said board shall 
forthwith declare the said assessment con- 
firmed, and shall transmit the same to the 
controller for entry and collection. 

An assessment so confirmed shall be of the 
same force and effect as if confirmed by the 
board of revision. 

Award of damages for changes of grade; lia- 
bility in such cases. 

Sec. 951. All cases where a change of grade 
of any street or avenue has been made prior 
to the taking effect of this act, shall, as to 
the liability to make compensation for dam- 
ages caused by such change of grade, be 
governed by the laws in force at the time such 
change of grade was made. After the taking 
effect of this act there shall be no liability to 
abutting owners for originally establishing 
a grade; nor any liability for changing a 
grade once established by lawful authority, 
except where the owner of the abutting prop- 
erty has subsequently to such establishment of 
grade built upon or otherwise improved the 
property in conformity with such established 
grade, and such grade is changed after such 
buildings or improvements have been made. 
In such cases damages occasioned by such 
change of grade to such buildings and im- 
provements shall be ascertained and assessed 
in connection with and as a part of the ex- 
penses of grading or otherwise improving the 
street or avenue in conformity with the grade 
as changed. A grade shall be deemed estab- 
lished by lawful authority within the mean- 
ing of this section where it was originally 
adopted by the action of the public authori- 
ties, or where the street or avenue has been 
use by the public as of right for twenty years 
and been improved by the public authority at 


the expense of the public oir of the abutting 
owners. 

All laws inconsistent herewith are hereby 
repealed. 

In case the grade of any such street shall 
be changed, and the game shall have been 
regulated and graded according to the new 
grade, after the certificate of the cost o-f such 
regulating and grading shall have been re- 
ceived by the board of assessors, it shall be 
the duty of the said board to cause to be pub- 
lished in the City Record, and the cor- 
poration newspapers, for at least ten 
days successively, a notice which shall con- 
tain a request for all persons claiming to 
have been injured by the said change of grade 
to present, in writing, to the secretary of the 
board of assessors, their claims, specifying 
a place where ana a time when the said 
board will receive evidence and testimony of 
the nature and extent of such injury. 

After hearing and considering the said tes- 
timony and evidence the board of assessors 
shall make such awards for such loss and 
damage, if any, as It may deem proper. The 
amount of the said awards shall be included 
in the assessment for the regulating and grad- 
ing of the street in question, as a part of the 
expense thereof, and the said award, and the 
proceedings of the assessors in relation there- 
to, shall be subject to review by the board of 
revision of assessments. 

Foregoing section — how construed. 

Sec. 952. The foregoing section shall not 
be construed to authorize the making of an 
award for loss or damage caused by change 
of grade in any case in which an award could 
not legally be made under laws existing im- 
mediately previous to the passage of this act, 
and affecting any part of the territory of the 
mayor, aldermen and commonalty of the city 
of Nerw York nor shall it be construed’ to 
affect the powers of any commission acting 
under any laws of this state. 

Awards — when to be paid; action for default. 

Sec. 953. The city of New York shall, with- 
in four months after confirmation of any as- 
sessment, including awards made in pur- 
suance of the last section but one, pay to the 
respective parties entitled thereto the amount 
of such awards, and in case of its neglect or 
failure to pay the same at the expiration of 
the said period, and after demand, it shall 
be lawful for the persons entitled to the 
same to sue for and recover the amount 
of their awards. In case any such award or 
compensation shall be paid to any person not 
entitled thereto, when the same ought to 
have been paid to some other person, it shalfr 
be lawful for the person to whom the same 
ought to have been paid to sue for and re- 
cover the same with interest and costs, as so 
much money had and received to his use 
by the person or persons respectively to 
whom the same shall have been so paid; 
provided that w'hen the name or names of the 
owner or owners, party or parties, are not 
set forth in the report of the assessors, or 
where the said owners, parties or persons re- 
spectively being named therein shall be in- 
sane, a married woman, under the age of 
twenty-one years, or absent from the city, 
or after diligent search cannot be found, or 
their title to receive such awards disputed, 
it shall be lawful for the city of New York 
to pay the sum mentioned in said report, or 
that would be coming to such owners, parties 
and persons respectively, to the chamberlain, 
to be secured, disposed of and invested as the 
supreme court shall direct, and such pay- 
ments shall be as valid and effectual in all 
respects as if made to the said owners, par- 
ties and persons respectively themselves, ac- 


THE CHARTER FOR THE GREATER NEW YORK. 


99 


cording to their just rights, if they had been 
known and had been persons of full age, 
single women and of sound mind. 

Assessments for depen ing water in docks, etc. 

Sec. 954. The expense of conforming to any 
order or direction made in accordance wdth 
section 832 of this act, or of carrying the 
same into effect, shall be estimated and as- 
sessed by the board of assessors upon or 
among the owner or owners of any or every 
■wharf, pier, dock, bulkhead, piece of land, 
water-right, or privilege, near or adjacent to 
which any such water may be deepened, and 
which may in any manner be benefited there- 
by, in proportion, as nearly as may be, to the 
advantage which each shall be deemed to 
acquire. Every such estimate and assess- 
ment, after confirmation, shall be binding 
and conclusive upon the owners thereby as- 
sessed respectively, and shall be a lien or 
charge upon the property or premises in re- 
spect to which the same may have been 
made. 

TITLE 3. 

VACATING AND MODIFYING ASSESS- 
flENTS FOR LOCAL IMPROVE- 
MENTS OTHER THAN THOSE 
CONFIRMED BY A COURT 
OF RECORD. 

Remedies Limited. 

Sec. 958. No suit or action In the nature of a 
bill in equity or otherwise shall be com- 
menced for the vacation of any assessment In 
said city, or to remove a cloud upon title; but 
owner's of property shall be confined to their 
remedies in such cases to the proceedings un- 
der this title. 

Petition to the supreme court in case of fraud 
or substantial error. 

Sec. 959. If in the proceeedings relative to 
any assessment or assessments for local im- 
provements, or in the proceedings to collect 
the same, any fraud or substantial error shall 
be alleged to have been committed, the party 
aggrieved thereby may apply to a justice of the 
supreme court in special term or in vacation, 
who shall thereupon, upon due notice to the 
corporation counsel, proceed forthwith to 
hear the proofs and allegations of the parties. 
If, upon such hearing. It shall appear that the 
alleged fraud or substantial error, other than 
such errors as are specified in the next section, 
has been committed as provided in this title, 
the said assessment shall be vacated or modi- 
fied, and the lien created thereby, or by any 
subsequent proceeedings, shall cease. If, up- 
on such hearing, it shall appear that, by rea- 
son of any alleged irregularity, the expense 
of any local improvement has been unlawfully 
Increased, the judge may order that such as- 
sessment upon the lands of said aggrieved par- 
ty be modified by deducting therefrom such 
sum, as is in thesameproportion to such assess- 
ment as is the whole amount of such unlawful 
increase to the whole amount of the expense 
of such local improvement. Any order that 
may be made by a justice under authority of 
this section shall be filed in the office of the 
county clerk of the county in which the lands 
are situated, and after the filing of a certified 
copy thereof with the officer having charge of 
the assessment, it shall be his duty to cancel 
or reduce the assessment, as required by the 
order, or do any other act required thereby. 

Assessments not to be set aside for certain 
irregularities and technicalities. 

Sec. 960. No assessment heretofore made or 
Imposed, or which shall hereafter be made or 


imposed for any local improvement or other 
public work, already completed or now being 
made or performed, or which shall hereafter 
be made, done or performed, shall hereafter 
be vacated or set aside for or by reason of 
any omission to advertise, or irregularity in 
advertising any ordinance, resolution, notice, 
or other proceeding relative to or authorizing 
the improvement or work for which such 
assessment shall have been made or imposed 
or for proposals to do the work, or for or by 
reason of the omission of any officer to per- 
form any duty imposed upon him, or for or by 
reason of any defect in the authority of any 
department or officer upon whose action the 
assessment shall be in any manner or to any 
extent dependent, or for or by reason of any 
omission to comply wdth or carry out any 
detail of any Jaw or ordinance, or for or by 
reason of any irregularity or technicality, 
except only in cases in which fraud shall be 
shown and in case o*f an assessment for re- 
paving any street or public place, upon prop- 
erty for which an assessment has once been 
paid for paving the same street or public 
place; and all property in said city' benefited 
by any improvement or other public work 
already completed, or now being made or 
performed, and hereafter made, done or per- 
formed, except as aforesaid, shall be liable 
to assessment for such improvement or work 
and all assessments for any such improve- 
ment or other public work shall be valid 
and binding notwithstanding any such omis- 
sion, irregularity, defect in authority or tech- 
nicality. No assessment shall be vacated by 
reason of fraud or irregularity in the pro- 
ceedings to collect the same by sale of the 
assessed premises; but upon prooif of such 
fraud or irregularity, such sale shall be set 
aside and the respective rights and liabilites 
of the assessed person and of the' city of 
New York shall become and be the same as 
if such sale had not been made. 

AH claims may be embraced in one proceeding. 

Sec. 961. Any person applying for relief, 
under the provisions of this title, may em- 
brace in one proceeding any or all assess- 
ments for local improvements in which he is 
interested. 

Power of court to vacate or reduce assess- 
ments limited and qualified. 

Sec. 962. No court shall vacate or reduce any 
assessment in fact or apparent, whether void 
or voidable, on any property for any local im- 
provement, otherwise than to reduce any such 
assessment to the extent that the same may 
be s'hoiwn by parties complaining thereof to 
have been in fact increased in dollars and 
cents by reason of fraud or substantial error; 
and In no event shall that proportion of any 
such assessment, which is equivalent to the 
fair value or fair cost of any actual local im- 
provement, with interest at the rate of threo 
per centum per annum from the date of con- 
firmation to the date of the final order of re- 
duction, and seven per centum thereafter, be 
disturbed for any cause. 

The provisions of this section shall apply 
to actions to recover money paid for assess- 
ments, and the amount recovered shall be 
limited to the excess over the fair value or 
fair cost of the improvement. 

When proceeding to vacate, etc., to be brought. 

Sec. 963. All proceedings to vacate or re- 
duce assessments in the city of New York 
must be brought within one year after the 
confirmation thereof. 

Re-assessment. 

Sec. 964. Any lands which may be discharg- 
ed from any lien for an assessment for any > 


local improvement may be again assessed, la 
the manner provided by law, for such amount 
as would have been justly chargeable if fraud 
or irregularity had not been committed; and 
the amount so assessed shall be a lien on 
said lands until paid, and shall be collecta- 
ble in the manner provided by law for the col- 
lection of assessments; but all proceedings 
to make a new assessment shall be at the 
expense of the city. 

TITLE 4. 

OPENING STREETS AND PARKS. 

Authority to open streets. 

Sec. 970. The city of New York is authorized 
to acquire title for the use of the public to all 
or any of the lands required for streets, parks, 
approaches to bridges and tunnels, sites or 
lands above or under water for bridges and 
tunnels, and sites or lands above or under 
water, for all improvements of the navigation 
of waters within or separating portions of the 
city of New York, or of the water fronts of the 
city of New York or part or parts thereof, 
heretofore duly laid cut upon the map or plan 
of the city of New York, of the City of Brook- 
lyn, of Long Island City or of any of the ter- 
ritory by this act consolidated wMi the city of 
New York, or thereafter duly laid out upon 
the map or plan of the city of New York, as 
herein constituted, and to cause the same to 
be opened. The board of public improvements 
is authorized to direct the same to be done 
whenever and as often as it shall deem it for 
the public interests so to do. The lands, tene- 
ments and hereditaments that may be required 
for such purposes may be taken) therefor, and 
compensation and recompense made to the 
parties and persons, if any such there shall be, 
to whom the loss and damage thereby shall be 
deemed to exceed the benefit and advantage 
thereof, for the excess of the damage over and 
above the value of said benefit. 

The city of New York is authorized to moke 
application, or to cause application to be made, 
to the supreme court of this state in the first 
or second judicial departments, as the case 
may be, for the appointment of commissioners 
of estimate and assessment to ascertain, and 
determine the compensation and recompense 
which should justly be made to the respective 
owners, lessees, parties and persons respect- 
ively entitled unto or interested in the lands, 
tenements, hereditaments and premises, pro- 
posed to be taken for any of the purposes 
aforesaid, and to assess the cost of 
such Improvement, or such propor- 
tion thereof ais the board of public 
improvements directs, upon such parties and 
persons, lands and tenements as may be 
deemed to be benefited thereby. Streets or por- 
tions thereof which are continuations of each 
other in the same general direction may be 
embraced in the same proceeding. The mon- 
eys collected upon 'the assessment of the com- 
missioners of estimate and assessment shall be 
paid into the city treasury. The damages 
awarded by the commissioners of estimate 
and assessment shall become due and payable 
Immediately upon the confirmation of the re- 
port cf said commissioners of estimate end 
assessment. 

Removal of buildings. 

Sec. 971. The board of public improve- 
ments may permit any building which shall 
be either partly or wholly included within the 
limits of any such street, or park laid out in 
the said city, and so to be opened as afore- 


100 


THE CHARTER FOR THE GREATER NEW YORK. 


said, to remain unremoved for such time or 
times as they shall think proper. 

Columbia college, St. John's college and Uni- 
versity of the City of New York; streets not 

to be opened through grounds of. 

Sec. 972. It shall he unlawful to opera any 
streets through the grounds belonging to the 
corporation of St. John’s college, in its actual 
occupation at what was formerly known as 
Fordham, or through or upon any part of the 
land and premises now owned by the Univer- 
sity of the City of New York, extending from 
Sedgwick avenue to Aqueduct avenue, in the 
city of New York, and lying immediately 
south of and adjacent to One Hundred and 
Eighty-first street, sometimes called Univer- 
sity avenue, so long as the same shall be 
owned or occupied for educational purposes 
by the said university; provided, however, 
that nothing in this section contained shall 
be construed to Interfere with the opening 
of One Hundred and Eighty-first street, be- 
tween Andrews avenue and Aqueduct avenue, 
at any time hereafter, and provided that the 
said University of the City of New York 
shall dedicate without claim or reward for 
damages all of the land required for East One 
Hundred and Eighty-first street, between An- 
drews avenue and Aqueduct avenue. No 
street from One Hundred and Sixteenth street 
to One Hundred and Twentieth street, or 
from Amsterdam avenue to the Boulevard, 
shall at any time be opened through the 
grounds of Columbia college, so long as such 
grounds are owned or occupied for educational 
purposes. 

Application for the appointment of commis- 
sioners. 

Sec. 973. Whenever the opening of any 
street shall have been duly authorized and 
directed, as provided in this act, it shall be 
the duty of the corporation counsel immedi- 
ately to Institute a proceeding to acquire title 
for the use of the public to the land required 
for such street, and upon due notice by ad- 
vertisement duly published in the City Record 
and the corporation newspapers for ten days, 
and by causing copies of the same in hand- 
bills to be posted for the same space of time 
In three conspicuous places adjacent to the 
property to be affected by the intended im- 
provement, to make application to the su- 
preme court, in the appropriate department 
thereof within the city, and in the manner 
appropriate to proceedings for the appoint- 
ment of commissioners of estimate and as- 
sessment, indicating in such application the 
land required for that purpose by reference 
to the maps on file in his office. 

Upon such an application it shall be law- 
ful for the said court to nominate and appoint 
three discreet and disinterested persons, be- 
ing citizens of the United States, commis- 
sioners of estimate and assessment in said 
proceeding, for the performance of the duties 
in this chapter mentioned. The corporation 
counsel may nominate three discreet and dis- 
interested persons to said court, of whom it 
may designate one who may be appointed. 
Any person who may be interested in the 
property which will be affected by the intended 
improvement, which interest for this purpose 
shall be decided by his own affidavit, stating 
the nature and extent of such interest, may 
present to the court the name of one or 
more persons whose names shall form a list 
out of which, if a majority in interest of 
the persons so interested shall agree upon 
the name of one person, that person may be 
appointed; but if a majority shall not agree 
upon one person, then the court may appoint 
a third person out of the names so presented 
bz the corporation counsel and by the 


parties interested; all of which persons so 
named shall be subject to the right of chal- 
lenge on the ground of interest, Incapacity 
or disqualification, to be exercised by the 
corporation counsel or by any person having 
an interest in the said proceedings; and if 
any of them be rejected for good cause, or 
refuse to serve, then another may be nom- 
inated in his stead by the same party. 

Amendment of defects. 

Sec. 974. Said court shall have power at 
any time to amend any defect or informality 
in any special proceeding authorized by this 
title, that may be necessary, or to cause 
property to be affected thereby to be excluded, 
or other property to be included therein by 
amendment, upon ten days' notice published 
and posted as aforesaid, and to direct such 
further notices to be given to any party in 
interest as it deems proper, and also to ap- 
point other commissioners in place of any 
who shall die, or refuse, or neglect to serve, 
or be incapable of serving, or be removed. 
If, in any particular, it shall, at any time 
be found necessary to amend any petition, 
pleading, proceeding or order, or to supply 
any defect therein, arising in the course of 
any special proceeding authorized by this 
title, the same may be amended or supplied 
in such manner as shall be directed by the 
supreme court, which is hereby authorized 
to make such amendments or corrections. 

Vacancies among commissioners: how filled. 

Sec. 975. In case of the death, resignation, re- 
fusal to act, or failure to qualify within ten 
days after his appointment of any such <vim- 
missionei of estimate and assessment, to be 
appointed under and by virtue of this title, 
for any such aforesaid purpose, it shall and 
may be lawful for the court aforesaid, or of 
any of the justices thereof, on the application 
of the city, on notice only to any person in- 
terested who may have appeared on the prior 
application, as often as such event shall hap- 
pen, to appoint a discreet and disinterested 
person, being a citizen of the United States, 
in the place and stead of such commissioner 
so dying, resigning, refusing to act, or fail- 
ing to qualify, and the surviving or acting 
commissioners, as the case may be, shall have 
power to proceed in the execution of the du- 
ties of their appointment, until a successor 
of the commissioner so dying, resigning, or 
refusing to act, or failing to qualify, shall 
be appointed. 

Two commissioners may act. 

Sec. 97C. In all and every case of the ap- 
pointment of commissioners by the court 
aforesaid, for any of the purposes aforesaid, 
it shall be competent and lawful for any two 
of such said commissioners so to be appoint- 
ed, to proceed toand execute and perform the 
trusts and duties of their said appointment, 
and their acts shall be as valid and effectual 
as the acts of all the commissioners so to be 
appointed for such said purpose if they had 
acted therein would have been. In all cases 
the acts, decisions, and proceedings of the 
major part of such of the commissioners to 
be appointed for any of the purposes afore- 
said as shall be acting in the premises, shall 
always be as binding, valid and effectual as if 
the said commissioners named and appoint- 
ed for such purpose had all concurred and 
joined therein. 

Oath of commissioners. 

Sec. 977. Commissioners when they are ap- 
pointed and before they enter upon the per- 
formance of the duties of their appointment, 
shall severally take and subscribe before 
some person authorized by law to administer 


oaths, the following oath or affirmation: "I 
do soiemnly swear (or affirm) that I will 
support the constitution of the United States 
and the constitution of the state of New York, 
and that I will faithfully discharge the duties 
of the cflice of commissioner according to 
the best of my ability.” Such oath or af- 
firmation shall be filed in the office of the 
clerk of the county in which the order ap- 
pointing the said commissioners has been en- 
tered. 

Commissioners to view and give notice of their 

appointment. , 

Sec. 978. It shall be the duty of the said 
commissioners when appointed in a proceed- 
ing, to view the lands, tenements and prem- 
ises to be thereby acquired, and lands, tene- 
ments, hereditaments, and premises adjacent 
thereto, if they shall deem such view to be 
necessary or useful. They shalil cause to be 
published in the City Record notice of tlheir 
appointment, containing a brief statement of 
tho purposes for which they have been ap- 
pointed, and requiring ail parties and persons 
interested in the real estate taken or to be 
taken for the purpose of opening, extending, 
enlarging, straightening, altering, or other- 
wise improving the said street or park af- 
fected thereby, and having any claim or de- 
mand on account thereof, to present the same 
to them duly verified, with such affidavit or 
other proof as the owners or claimants may 
desire, within twenty days after the date of 
such notice, and stating a time and place af- 
ter the expiration of said twenty days when 
the said parties and persons shall be heard 
in relation thereto by the said commission- 
ers. At the time and place fixed by said no- 
tice, or at any such further or other times 
and places as the said commissioners may ap- 
point, the said commissioners shall hear such 
owners and examine the proof of such claim- 
ant or claimants, or such additional proof and 
allegations as may then be offered by such 
owners, cr on behalf of the city of New York, 

Certain powers of commissioners. 

Sec. 979. It shall be lawful for the commis- 
sioners of estimate and assessment duly ap- 
pointed in proceedings authorized by this ti- 
tle to administer oaths. And the said com- 
missioners may, as a condition for the open- 
ing of a default, require the party applying 
therefor to pay the fees of the commission- 
ers, and the clerical expenses of the com- 
missioners for the additional meeting or 
meetings of the commissioners made 
necessary by the fault of such par- 
ty. They shall reduce any testimony 
taken before them to writing. They may 
cause such maps or diagrams to be prepared, 
if they deem the same necessary, as will ena- 
ble or assist them to hear and determine the 
claims or interests of the said owners and 
persons interested. From the surveys and 
maps furnished to or prepared by them and- 
such other information as tlhe said commis- 
sioners shall possess or obtain, they shall 
cause diagrams to be prepared which shall 
distinctly indicate, by separate number®, the 
names of the owners or cf the claimants to 
the respective plots or parcels of land to be 
taken or assessed by such proceeding, and 
which shall also specify, in figures, with suf- 
ficient accuracy, the dimensions and bounds 
of each said tracts or parcels. 

The said commissioners, before the comple- 
tion of their estimate and assessments, may 
obtain from the city of New York a profile 
or plan, if they shall deem the same useful, 
showing the intended regulation of the street! 
or part of a street, with regard to the open- 
ing of which they have been appointed, as to 
the elevation or depression thereof, after the 


THE CHARTER FOR THE GREATER NEW YORK. 


101 


same shall be opened, extended, enlarged, 
straightened, altered, or otherwise improved, 
as the case may be; and also profiles or plans, 
if they shall deem the same useful, show- 
ing the intended regulation of the adjacent 
street or streets, as to the elevation or de- 
pression thereof, after such improvement. 

The said commissioners may require any 
board, department, or officer of the city of 
New York to furnish to them such surveys 
and maps as may be required by them. 

Commissioners to ascertain damages and 
benefit. 

Sec. 980. After hearing such testimony and 
considering such proofs as may be offered, the 
commissioners, or a majority of them, all 
having considered the same, or having had an 
opportunity to be present, shall, without un- 
necessary delay, ascertain and estimate the 
compensation which ought justly to be made 
by the city of New York to the respective 
owners, lessees, parties and persons respect- 
ively entitled unto or interested in the lands, 
tenements, hereditaments and premises so re- 
quired for the improvement; and make a 
just and equitable estimate and assessment 
also of the value of the benefit and advantage 
of such improvement to the respective owners, 
lessees, parties and persons respectively en- 
titled unto or interested in the lands, tene- 
ments, hereditaments and premises not re- 
quired for the said improvement, and prepare 
an abstract of their estimate and assessment. 
They shall not, in making their estimate and 
assessment of the value of the benefit and 
advantage of the said improvement, be con- 
fined to any definite limit, but shall and here- 
by are authorized to extend such estimate and 
assessment to any and all such lands, tene- 
ments and hereditaments and premises as 
they may deem to be benefited by the im- 
provement, and which they may judge ex- 
pedient to include in their report in the prem- 
ises. The beard of public improvements may 
in any case determine whether any, and, if 
any, what proportion of the cost and expense 
thereof shall be borne and paid by the city 
of New York, and the remainder of such cost 
and expense shall be assessed upon the prop- 
erty deemed to be benefited thereby. 

The said commissioners shall in no case 
assess any house, lot, improved or unim- 
proved lands, more than one-half the value of 
such house, lot, improved or unimproved 
land, as valued by them. It shall be lawful 
for the said commissioners, if they shall deem 
it just and equitable under the circumstances 
to do so, but not otherwise, to assess any 
part, not exceeding one-third part of the esti- 
mated value of any building or buildings 
taken in the proceeding, but not of any other 
improvement, upon the city of New York. 
If the said commissioners of estimate and 
assessment shall judge that any intended regu- 
lation will injure any building or buildings 
not required to be taken for the purpose of 
opening, extending, enlarging, straightening, 
altering, or improving such street or part of 
a street, they shall proceed to make, together 
t with the other estimates and assessments re- 
quired by law to be made by them, a just 
and equitable estimate and assessment of the 
loss and damage which will accrue, by and 
in consequence of such intended regulation, 
to the respective owners, lessees, parties and 
persons, respectively, entitled unto or in- 
terested in the said building or buildings so 
to be injured by the said intended regulation; 
and the sums or estimates of compensation 
and recompense for such loss and damage 
shall be included by the said commissioners 


in their report and included in the assess- 
ment for benefit. 

Abstract of estimate and assessment to be de- 
posited. 

Sec. 981. The said commissioners shall de- 
posit in the bureau of street openings in the 
law department their said abstract of their 
estimate and assessment at least thirty days 
before their report shall be presented to the 
court for confirmation, which abstract shall 
bo accompanied by copies of the diagrams 
used by them and which shall refer to the 
numbers thereby indicated, and state the 
several sums respectively estimated for or 
assessed upon each of said parcels with the 
name or names, claimant or claimants, so far 
as ascertained by said commissioners. They 
shall also deposit all the affidavits and proofs 
used by them in making their report. They 
shall also publish a notice for fifteen days 
in the City Record and in the corporation 
newspapers, and when authorized pursuant 
to this act, in not more than one newspaper 
published in the borough in which the prop- 
erty is located, stating their intention to pre- 
sent thedr report for confirmation to the said 
court at a time and place to be specified in 
said notice, and that all persons interested 
in such proceedings or in any of the lands 
affected thereby, having objections thereto, 
shall file the same, in writing, duly verified 
with said commissioners within twenty days 
after the first publication of said notice, and 
that the said commissioners will hear parties 
so objecting at a place and at a time after 
the expiraJtion of said twenty days, to be spec- 
ified in said notice. Similar notice for at 
least ten days shall be given of any new, 
supplemental or amended abstract. At the 
time and place named in said notice the said 
commissioners shall hear the person or 
persons who have objected to the said ab- 
stract, and who may then and there appear, 
and shall have power to adjourn from time 
to time until all such persons shall be fully 
heard. 

Amendment of abstract. 

Sec. 982. It 6haJl not be lawful for commis- 
sioners of estimate and assessment to alter 
or amend any abstract or report, or supple- 
mental or amended abstract or report, after 
the same shall have been deposited for inspec- 
tion as required by law, by increasing the 
amount of any assessment for benefit, or di- 
minishing any award for damage, unless the 
person or persons, party or parties, affected 
by such increase or diminution shall have had 
notice thereof and an opportunity of being 
heard before said commissioners before their 
report shall be presented to the court for 
confirmation. 

Witness; how compelled to testify. 

Sec. 983. Upon the application of any person 
or persons whose rights may be affected by 
the said estimate or assessment, verified by 
the oath or affirmation of such applicant or 
his agent, that any witness, residing or being 
in the city of New York, whose affidavit to 
verify or oppose any objection to the said 
estimate or assessment is material or neces- 
sary to such party, refuses voluntarily to ap- 
pear before any officer authorized to take such 
affidavit, to testify or affirm to such matter 
as he may know, touching such objection, any 
one of the said commissioners of estimate and 
assessment in the proceeding may issue a sub- 
pena, under his hand, requiring such witness 
to appear and testify to such matters as he 
may know touching the said estimate or as- 
sessment, at such time and place as the said 
commissioner may designate in such subpena. 
And every person, who, being served with 


such subpena, shall, without reasonable cause, 
refuse or neglect to appear, or appearing, 
shall refuse to answer, under oath or affirma- 
tion, touching the matters aforesaid, shall 
forfeit to the party injured one hundred dol- 
lars; and may also be committed to prison by 
any justice of the supreme court upon applica- 
tion duly made on behalf of the commissioner 
who issued such subpena, there to remain, 
withoutbail and without the liberitesof the jail 
until he shall submit to answer, under oath 
or affirmation as aforesaid. The testimony 
of such witness when given shall be reduced 
to writing in the presence of and be sworn 
or affirmed to before such commissioner. 

Commissioners to present report to court. 

Sec. 984. After considering the objections. If 
any, and making any correction or alteration 
of their estimate or assessment, which said 
commissioners, or any two of them shall find 
to be just and proper, the said commissioners 
shall file the said report, signed by them or a 
majority of them, in the office of the clerk ol 
the county where the lands are situated at 
least five days before the time mentioned in 
said notice for the presentation of said report 
to the court for confirmation, or the date to 
which the same shall have been duly ad- 
journed. The said commissioners, or any per- 
son interested in said proceeding, shall noti- 
fy the corporation counsel and all persons who 
have filed their objections as aforesaid, or who 
have theretofore appeared as soon as the said 
report shall have been filed. The corporation 
counsel may present the same for confirma- 
tion, or, in case of his neglect or refusal, any 
person interested in the lands taken or re- 
quired for said improvement may present the 
same, upon notice to the corporation counsel. 

Report: what to contain. 

Sec. 985. The report of the commissioners 
shall consist of the diagram hereinbefore re- 
ferred to, duly corrected, when necessary, 
with a tabular abstract of the estimate and 
assessment, with any corrections or alterations 
thereof by said commissioners, showing fully 
and separately to the said court the amount 
of loss and damage, and of benefit and advan- 
tage to each and every owner; lessee, party 
and person entitled or Interested in any lands, 
tenements, hereditaments or premises affected 
by the improvement. In said report the com- 
missioners who shall make the same shall set 
forth the names of the respective owners, les- 
sees, parties and persons entitled unto or in- 
terested in the said lands, tenements, heredita- 
ments and premises mentioned in the said re- 
port, and each and every part and parcel there- 
of, as far forth as the same shall be ascer- 
tained by them, and an apt and sufficient des- 
ignation or description of the respective lots 
or parcels of land and other tenements, hered- 
itaments and premises that may be required 
for the purpose cf opening such street or park, 
or part thereof so to be opened, or laying out 
and forming or extending and enlarging or 
otherwise improving such streeit or park so 
to be laid out and formed, or so to be ex- 
tended, enlarged or otherwise improved, as 
the case may be, and also of the said re- 
spective lots or parcels of land and other ten- 
ements, hereditaments and premises not in- 
cluded within, but deemed to be benefited by 
the same, and so assessed by the said com- 
missioners for the said benefit as aforesaid. 
It shall refer to the number of the tracts and 
parcels indicated by said diagrams, and state 
the several sum respectively estimated for or 
assessed upon each of said tracts or 
parcels, with the name or names of the owners 
or claimants of each, if ascertained by said 
commissioners. Whenever the said commi*- 
sioners shall be unable to ascertain .with suf- 


103 


THE CHARTER FOR THE GREATER NEW YORK. 


flcient certainty the name of any owner cf 
any parcel of said lands, they shall indicate 
such parcel upon the diagram embracing it, 
as belonging to unknown owners. It shall 
not be necessary in said report to describe any 
of the said tracts or parcels by metes and 
bounds, but only by reference to the said 
diagrams. It shall also set forth the several 
and respective sums estimated and assessed 
as and for the compensation and recompense 
or the allowance to be made for the loss and 
damage, or for 'the benefit, as the case may be, 
of the respective owners of the fee or inherit- 
ance of such lands, tenements, hereditaments 
and premises respectively, and for the loss and 
damage, or for the benefit, as the case may 
be, of the respective owners of the leasehold 
estates or other interest therein separately; 
but In all, and each and every case and cases 
where the owners and parties interested, or 
their respective estates and interest are un- 
known, or not fully known to the said com- 
missioners, it shall be sufficient for them to 
estimate and assess and to set forth and state in 
their said report, in general terms, the respective 
sums to be allowed and paid to or by the own- 
ers and proprietors generally of such said 
lands, tenements, hereditaments and premises, 
and parties interested therein for the loss and 
damage, or for the benefit and advantage, 
as the case may be, to such owners, proprietors 
and parties interested in respect of the whole 
estate and interest of whomsoever may be 
entitled to, unto or interested in the said 
lands, tenements, hereditaments and premises, 
respectively, by and in consequence of the said 
operation and improvement of opening, lay- 
ing out and forming or extending, en- 
larging or otherwise improving the said street 
or park or section thereof so to be opened or 
so to be laid out and formed or extended, 
enlarged or otherwise improved, as the case 
may be, without specifying the names of the 
estates or interests of such owners and pro- 
prietors and parties interested, or of any or 
either of them. Said commissioners of esti- 
mate and assessment may, in their discretion, 
or when required by the board of public im- 
provements make up and file a preliminary 
abstract of their estimate of damages, sepa- 
rate and apart from their estimate of assess- 
ments for benefit, embracing either the entire 
lands, tenements, hereditaments and prem- 
ises to be acquired or successive sections or 
parcels thereof, and ascertain and estimate 
the compensation to be made thereon and 
make a separate report with reference there- 
to. Such separate or partial report shall be 
made in the same form and manner and such 
proceedings shall be had in respect thereto 
as in respect to the report of the commission- 
ers relative to the entire lands taken and 
assessed as herein provided for, except that 
the final or last separate report shall contain 
the assessment for benefit. 

Proceedings upon presentation of report for 

confirmation. 

Sec. 9S6. The application for the confirma- 
tion of the report shall be made to the 
supreme court at a term thereof held within 
the city of New York as constituted by this 
act, and in the judicial department within 
which the lands are situated. Upon the 
coming in of the said report, signed 
by the said commissioners, or any two 
of them, and upon the hearing of the 
application for the confirmation thereof, if 
title to said lands shall not have been there- 
tofore vested in the city of New York, or if 
said lands are not being condemned for a 
public park, parkway, public square or place, 
and if persons who appear by the said report 
to be interested, either by assessment for 
benefit or award for damages, to the amount 


of a majority in amount of the whole as- 
sessments and awards, shall appear and ob- 
ject to further proceedings upon the said 
report, the court shall order the proceed- 
ing to be discontinued; otherwise the 
said court shall by rule or order, after 
hearing any matter -which may be alleged 
against the same, either confirm the said 
report in whole, or in part, or refer the 
same, or a part thereof, to the said com- 
missioners for revisal and correction, or to 
new commissioners, to be appointed by the 
said court to reconsider the subject matter 
thereof, and the said commissioners to whom 
the said report or part thereof shall be so 
referred shall return the same report or 
such part thereof, corrected and revised, or 
a new report to be made by them in the 
premises to the said court without unneces- 
sary delay; and the same on being so re- 
turned shall be confirmed or again referred 
by the said court in manner aforesaid, as 
right and justice shall require, and so from 
time to time until a report shall be made or 
returned in the premises, which the said 
court shall wholly confirm, and such report, 
when so confirmed by the said court, shall, 
unless set aside or reversed on appeal, be 
final and conclusive, as well upon the city of 
New York as upon the owners, lessees, per- 
sons and parties interested and entitled unto 
the lands, tenements, hereditaments and 
premises mentioned in the said report; and 
also upon all other persons whomsoever. 

Duplicate copies of report to be filed. 

Sec. 987. Duplicate copies of said report 
signed by the said commissioners, or any two 
of them, shall be filed by the corporation 
counsel of said city, one in the office of the 
controller, and the other In the office of the 
clerk of the supreme court, where the order 
confirming said report is entered. 

Appeals. 

Sec. 988. The city of New York or any 
party or person affected by the said 
proceeding and aggrieved by the said 
report when confirmed as aforesaid, may ap- 
peal to the appellate division of the said court. 
Such appeal shall be taken and heard in the 
manner provided by the code of civil proced- 
ure and the rules and practice of the said 
court in relation to appeals in special proceed- 
ings, and such appeal shall be heard and de- 
termined by such appellate division upon the 
merits both as to matters of law and fact. 
But the taking of an appeal by any person or 
persons shall not operate to stay the pro- 
ceedings under this act, except as to the par- 
ticular parcel of real estate with which the 
appeal Is concerned: and the order confirming 
the said report shall be deemed to be final and 
conclusive upon all parties and persons affect- 
ed thereby who have not appealed. Such ap- 
peal shall be heard upon the evidence taken 
before the said commissioners, or such part or 
portion thereof as the court at special term 
may certify, or the parties to said appeal may 
agree upon as sufficient to present the merits 
of the questions in respect to which such ap- 
peal shall be had, and on affidavits as to ir- 
regularities which have been presented to the 
court at special term upen the coming in of 
such report of said commissioners. When an 
order confirming a report shall be reversed 
upon appeal, the commissioners to whom such 
report shall be referred for amendment, cor- 
rection, or revisal, shall have power to make 
such additional assessment as may be neces- 
sary. 

Appeal to court of appeals authorized. 

Sec. 989. An appeal to the court of appeals 
may be taken by the city or any person or 
party interested in the said proceeding and 


aggrieved by the order of the appellate divi- 
sion. 

Such appeal may be taken within sixty days 
and heard in the manner provided by the code 
of civil procedure and the rules and practice 
of the court of appeals, in relation to appeals 
in special proceedings. The court of appeals 
may affirm or reverse the order appealed from, 
and may make such order or direction as shall 
be appropriate to the case, whether for a re- 
hearing of the same before the commission- 
ers, or for final confirmation of the report or 
otherwise. If the report is confirmed the 
court of appeals shall enter a final order in 
the proceedings which shall be binding upon 
all persons having any interest in the prop- 
erty or franchises condemned, and directing 
that compensation be made, pursuant to the 
determination of the commissioners, and the 
city shall thereupon be entitled to take and 
hold forever the property and franchises con- 
demned for the public use. Payment of the 
compensation into the court to the credit of 
any person or corporation mentioned in said 
order, in case tender thereof shall have been 
refused by such person or corporation, shall 
be deemed a payment within the provisions of 
this act 

Vesting of title. 

Sec. 990. Should the board of public im- 
provements at any time deem it fer the pub- 
lic interest that the title to the lands and 
premises required for any street or park 
heretofore or hereafter laid out, widened, al- 
tered, extended or otherwise improved, 
should be acquired by the city of New York 
at a fixed or specified time the said board of 
public Improvements may direct, by resolu- 
tion, where no buildings are upon such lands, 
that upon tho date of the filing of the oath of 
the commissioners of estimate and assess- 
ment, as provided for in this chapter, or up- 
on a specified date thereafter, and where 
there are buildings upon such lands, that upon 
a date not less than six months from the date 
of the filing of said oath, the title to' any 
piece or parcel of land lying within the lines 
of any such street or park, shall be vested in 
, the city of New York. Thereafter, when the 
said commissioners shall have taken and filed 
said oath, upon the date of such filing or upon 
such subsequent date as may be specified 
where no buildings are upon such lands, and 
where there are buildings upon such lands 
upon tho date specified by said board of pub- 
lic improvements, either before or after tho 
filing of such oath, the same being not less 
than six months from the date of said filing, 
the city of New York shall become and be 
seized in fee of said lands, tenements and 
hereditaments in the said resolution menrion- 
ed, that shall or may be so required as afore- 
said, the same to be held, appropriated, con- 
verted and used to and for such purpose ac- 
cordingly, in like manner as are other public 
streets and parks, respectively, in the said 
city. In such cases interest at the legal rate 
upon the sum or sums to which the owners, 
lessees, parties or persons are justly entitled 
upon the date cf the vesting of title in the 
city of New York as aforesaid, from said 
date to the date of the report of the com- 
missioners shall be allowed by the commis- 
sioners as a part of the compensation to which 
such owners, lessees, parties or persons are 
ontitled. In all other cases, title, as aforesaid, 
shall vest in the city of New York upon the 
confirmation by the court of the report of the 
commissioners. Upon the vesting of title the 
city of New York, or any person or persons 
acting under its authority, may immediately, 
or at any time thereafter, take possession of 
the same, or any part or parts thereof, with* 


THB CHARTER FOR THE GREATER NEW 


out any suit or proceeding at law for that 
purpose. 

The title acquired by the city of New York 
to lands and premises required for a street 
shall be in trust, that the same be appropri- 
ated and kept open for, or as part of a public 
street, forever, in like manner as the other 
streets in the city are, and of right ought 
to be. The title acquired by the city of New 
York to lands and premises acquired for a 
park shall be a fee simple absolute. 

Within what time proceedings to be completed: 

removal of commissioners. 

Sec. 991. The commissioners appointed, in 
pursuance of this title, shall complete said 
proceedings on their part within six months 
from the time of their app<*intment, unless 
further time be allowed by the supreme court. 
At least five days’ notice of the application 
for such extension shall be given by the cor- 
poration counsel to all persons who have ap- 
peared in said proceedings, and have specially 
requested that notice of any such application 
be served upon them. Upon such application 
the court shall have power to make such order 
In the premises in respect to the time and man- 
ner of completing the report of said commis- 
sioners, and in respect to the taking and 
submission of the proofs of the parties inter- 
ested, as will enable or require the commis- 
sioners to complete said proceeding on their 
part with reasonable dispatch; and if it shall 
appear that the said proceeding has been de- 
layed by reason of the inattention, neglect or 
refusal of said commissioners, or any of them, 
to act or attend, or of the failure of a majority 
of them to agree upon a report, the court may 
remove the commissioner or commissioners 
so neglecting or refusing, or the commission- 
ers failing to agree, and appoint a suitable 
person or persons in his or their place. And 
the said court may, at any time, remove any 
of said commissioners of estimate and assess- 
ment who, in its judgment, shall be incapable 
of serving, or who shall, for any reason, in 
its judgment, be an unfit person to serve as 
such commissioner. The cause of such re- 
moval shall be specified in the order making 
the same. 

Owners may convey to the city. 

Sec. 992. The otvners of land and of all 
real estate therein embraced within the lines 
of any street laid down and shown on the map 
or plan O'i the city of New York and compris- 
ing all the land within said lines in an entire 
block in extent, may, without compensation, 
and at their own expense, convey all their 
right, title, and interest therein, providing 
the same shall be free from incumbrances in- 
consistent with the title to be acquired by the 
city, to the city of New York, and upon the 
delivery of such conveyances to the corpora- 
tion counsel of said city, with the money 
necessary to record such conveyances, and 
affidavits made by all such owners to the ef- 
fect that the persons making them are the 
owners of the estates in such lands so con- 
veyed by them, respectively, and stating their 
interests, and that such estates in such lands 
are free of all incumbrances, except as afore- 
said, together with abstracts of title and com- 
plete searches, if desired by such corporation 
counsel, it shall be the duty of such corpora- 
tion counsel to examine such conveyances and 
papers, and if such titles shall not be rejected 
for good cause, by such corporation counsel, 
he shall cause the said conveyances to be re- 
corded in the office in which conveyances of 
real estate are recorded in the county in 
which such lands are located, within sixty 
days after their delivery to him, and file them 
with the controller of such city, and there- 
upon the city of New York shall become 


■vested with the title to said lands to the same 
effect and extent as if they had been acquired 
by a proceeding taken for the opening of that 
portion of said street; after the making and 
acceptance of such conveyances, no proceed- 
ings to open the lands so conveyed shall be 
taken or maintained, nor shall the lands 
fronting on that portion of the street so con- 
veyed, and extending to the center of the 
block on either side of such portion of said 
street so conveyed, be Chargeable with any 
portion of the expenses of opening the residue 
or any portion of the residue of such street, 
except the due and fair proportion of the 
awards that may be made for buildings as 
aforesaid. 

Subdivision of plots. 

Sec. 993. If, at any time after the filing 
of the maps showing the laying out of streets 
by proper municipal authority, the owner or 
owners of any plot of land bounded on all 
sides by streets, and not laid out as and 
for a public square, place or park, shall de- 
sire to subdivide such plot and give public 
right of way into or through such plot, he, 
she or they may submit two sots of maps, 
plans or surveys of such plot and of such pro- 
posed right of way, showing the width, which 
shall not be less than thirty feet, and the lo- 
cation, extent and direction of the same, 
and the proposed grade therefor, to the board 
of public improvements, for approval, and if 
the same shall be approved and the owner or 
owners aforesaid shall immediately thereafter 
convey in such form as shall be approved by 
the corporation counsel, the title to the land 
required for such right of way, free and clear 
from all incumbrances, to the city of New 
York in trust as and for a public street, the 
same sHall from that time be and become an 
opened public street, the same as if it had 
been laid out and opened as other streets are, 
or ought to be, and the maps, plans or sur- 
veys thereof, and of the grades therefor, 
aforesaid, shall immediately thereafter be cer- 
tified by the city clerk, and one set thereof 
shall be filed in and remain of record in the 
office in which conveyances of real estate 
are recorded in the county in which such land 
is located, and the other set thereof in the 
office of the corporation counsel of said city. 

City may agree with owners. 

Sec. 994. It shall be lawful for the city at any 
time or times, either before or after the ap- 
pointment of commissioners in the premises, 
for any of the purposes aforesaid, to agree 
with *the owners, lessees, parties or persons 
entitled unto or interested in the lands, tene- 
ments, hereditaments and premises, that 
sillier will be benefited by, or may be required 
for the purpose of, making the operation and 
improvement intended to be made, or with any 
or with either of such owners or other parties 
interested therein, for and about the cession 
of the lands,, tenements, lieredi laments and 
premises inquired of him, tier or them, re- 
spectively, for the purpose of making such 
said intended operation and improvement, and 
for and about the compensation and recom- 
pense to be made to him, her cir them, for ilie 
same, or for and about the allowance, or sum 
or sums tO' be allowed and paid by such owners 
and parties, respectively, or by any, or eiitier, 
of them, for the benefit and advantage of the 
street or park or section thereof so to be 
opened, or laid out and formed, or the exten- 
sion, enlargement oir other improvement of 
the street or park SO' to be extended, enlarged 
or otherwise improved, to him, her or them, 
over and above the vallue of the lands, tene- 
ments, hereditaments, and premises, that may 
be required if any lands, tenements, heredita- 
ments or premises shall be required of him, 


YORK. 103 


her cir them, for the purpose of opening, lay- 
ing out, and forming or extending, enlarging 
or otherwise improving the same, and in case 
of any such agreement or agreements, with 
part only of the said owners and parties en- 
titled unto and interested in the said lands, 
tenements, hereditaments and premises so re- 
quired for the purpose of making any such 
operation and improvement as aforesaid, or 
to be benefited thereby, the same shall be 
valid and binding upon the parties thereto, 
and the said commissioners shall, neverthe- 
less, enter upon and make or proceed with 
their said estimate and assessment, and make 
report <to the said court, as to the residue of 
the said lands, tenements, hereditaments and 
premises required for the said pur- 
pose of making such said operation and 
improvement, or to be benefited thereby, con- 
cerning which the owners thereof and parties 
interested therein shall not agree; and the 
said report, when confirmed, shall be of like 
force end effect in regard to the matters com- 
prised therein, as if no such agreement as to 
the part of the premises had been made. 

City entitled to compensation and liable to 

assessment. 

Sec. 995. If any lands, tenements, heredita- 
ments or premises belonging to the city of 
New York, or wherein it may be interested, 
shall be required for any of the purposes afore- 
said, or shall be benefited by any such opera- 
tion and improvement as hereinbefore men- 
tioned, the city shall be entitled to compen- 
sation and recompense for the loss and damage 
it may sustain, and shall be bound to allow 
and pay for the benefit and advantage it may 
be deemed to acquire thereby, in like manner 
as other owners and proprietors of lands and 
premises required for the purpose of making 
the said operation and improvement, or 
deemed to be benefited thereby; and it shall 
be lawful for the said commissioners of esti- 
mate and assessment, and they are hereby di- 
rected in such, each and every case, to esti- 
mate and assess upon the principles and in the 
manner herein aforesaid; and to report the 
sum or sums which, in their opinion, ought 
to be allowed and paid to or by the city for the 
said loss and damage, or for the said benefit 
or advantage, as the case may be, to the city, 
by and in consequence of such said operation 
and improvement of opening the said street or 
park, or section thereof so to be opened, or 
laying out, or forming, or extending, enlarg- 
ing, or otherwise improving the same, so to 
be laid out and formed, or extended, enlarged 
or otherwise improved as the case may be. It 
shall not, however, be lawful to lay ob im- 
pose any assessment whatever on any public 
park, square or place, or street, road or avenue, 
but all such assessments which may be prop- 
erly payable by the city shall be assessed 
against it in a gross sum in each and every of 
such proceedings. 

Contracts of landlord and tenant: how affected. 

Sec. 996. In all cases where the whole of 
any lot or parcel of land or other premises, 
under lease or other contract, shall be taken 
for any of the purposes aforesaid, by virtue 
of this title, all the covenants, contracts and 
engagements between landlord and tenant or 
any other contracting parties touching the 
same, or any part thereof, shall, upon the 
vesting of Che title in the city of New York, 
cease and determine and be absolutely dis- 
charged; and in all cases where part only of 
any lot or parcel of land, or other premises, 
so under leaso or other contract, shall be so 
taken for any of the purposes aforesaid, ail 
contracts and engagements respecting the 
same shall, upon such vesting of title, cease, 
determine and be absolutely discharged as U) 


104 


THE CHARTER FOR THE GREATER NEW YORK. 


the part thereof so taken, but shall remain 
valid and obligatory as to the residue thereof, 
and the rents, considerations and payments 
reserved or payable, and to be paid, for or 
In respect to the same, shall be so apportioned 
as that the part thereof justly and equitably 
payable, or that ought to be paid, for such 
said residue thereof, and no more shall be de- 
manded or paid, or recoverable, for or in re- 
spect of the same. 

Corporation counsel to represent interests of 

city before commissioners, and provide 

clerks and offices: expenses. 

Sec. 397. It shall be the duty at the corpora- 
tion counsel to furnish the commissioners of 
estimate and assessment who may be ap- 
pointed in any proceeding to open, widen, ex- 
tend, alter or close any street, park or park- 
way in said city, such necessary clerks and 
other employes, and to provide such suitable 
offices as they may require to enable them to 
fully and satisfactorily discharge the duties 
imposed upon them by this chapter; the cor- 
poration counsel shall, either in person or by 
such assistant or counsel as he shall desig- 
nate for the purpose, appear for and protect 
the Interests of the city in all proceedings 
In court and before the commissioners. All 
expenses for searcher’s or surveyor’s fees, 
and such other necessary expenses and dis- 
bursements which the city of New York shall 
incur under the provisions of this section 
shall he paid by the controller out of the 
fund for street and park openings, provided 
for by existing laws, and shall be borne and 
reimbursed and paid to the city of New York 
by the parties and persons interested and en- 
titled, as owners or otherwise, unto and in 
tfce lands, tenements, hereditaments and 
premises deemed to be benefited thereby, 
and the same shall he included in and taxed 
by the court, upon due proof of the services 
rendered, and disbursements charged as part 
of the necessary costs and expenses of the 
eaid proceedings; buc such expenses and dis- 
bursements shail not 'be included in the assess- 
ments for benefit until after they have been 
taxed before a justice of the supreme court. 
In the appropriate department. 

Other costs and charges. 

Sec. 998. Except as hereinbefore otherwise 
provided, no costs or charges of the said com- 
missioners or others shall be paid or allowed 
for any service performed under this title, 
unless the same shall be taxed by the said 
court %fter notice given as provided in the 
following section. Upon such taxation, due 
proof of the nature and extent of the services 
rendered and disbursements charged shall be 
furnished, and no unnecessary cost or charges 
shall be allowed. Each of the commissioners 
of estimate and assessment shall receive six 
dollars for each day upon which the said 
commissioners shall meet and be actually and 
necessarily employed in the performance of 
the duties imposed upon them by this act. 
All such costs, fees and expenses or disburse- 
ments, which by law are required to be taxed 
as in this chapter provided, shall be stated in 
detail in the bill of costs and charges and ex- 
penses, and shall be accompanied by such 
proof of the reasonableness and necessity 
thereof, as is now required by law and the 
practice of the said court upon taxatiSn of 
costs and disbursements in other special pro- 
ceedings or actions in said court; provide!, 
however, that in any proceeding of an un- 
usually difficult or extraordinary character, 
the said court, may, upon taxing said costs 
or expenses, make such additional allowances 
to the said commissioners as may to it appear 
Just and equitable, upon such proof as may 


be submitted of the nature and extent of the 
services rendered by said commissioners. 

Taxation of costs. 

Sec. 999. A bill of said costs, charges and 
expenses shall be filed in the office of the clerk 
of the county in which the order appointing 
the said commissioners has been entered, at 
least ten days before the same shall be pre- 
sented for taxation. There shall be annexed 
a statement of the amounts, if any, previously 
taxed, to whom the same were payable, and 
the date of such taxation. A notice of at 
least ten days shall be published in the City 
Record, and the corporation newspapers, and 
served upon the corporation counsel, of the 
time and place of taxing said costs* charges 
and expenses, which shall be thereupon taxed 
by a justice of the supreme court, or a referee 
under his special order, and before the re- 
port of said commissioners shall be presented 
for confirmation. On said final taxation 
there may be a retaxation of any bill pre- 
viously taxed in the same proceeding. If suf- 
ficient reason therefor be made to appear. 

Discontinuance of proceedings. 

Sec. 1J300. The board of public improve- 
ments is authorized and empowered to dis- 
continue any and all legal proceedings taken 
for opening, widening, straightening, extend- 
ing, altering, or closing streets or parks, or 
parts thereof, at any time before title to the 
lands and premises to be thereby acquired 
shall have vested in the city of New York, if, 
in its opinion, the public interest requires 
such discontinuance, and with power to cause 
new proceedings to be taken in such cases 
for the appointment of new commissioners. 

Damages for land taken: when to be paid. 

Sec. 1,001. All damages awarded by the com- 
missioners of estimate and assessments with 
interest thereon from the date of said report, 
and all costs or expenses which may' be taxed, 
shall be paid by the city cf New York to 
the respective persons and bodies politic or 
corporate mentioned cr referred to in said re- 
port, cr in whose favor such costs or ex- 
penses shall- be taxed. Interest shall cease 
to run on -sums awarded as damages six 
months after the date of the confirmation of 
said report unless within that time demand 
therefor be made upon the controller. Said 
damages, costs, and expenses shall be paid 
from the fund for street and park openings 
provided for in this act, and by existing laws. 
The person or persons to whom awards shall 
be made in such proceedings, and the person 
or persons in whose favor costs and expenses 
may be taxed, shall not have an action at law 
against the city cf New York for such awards, 
costs, or expenses, but the court in which said 
proceedings have been had, upon the appli • 
cation of any such person or persons, in case 
of the failure of the controller of said city to 
pay the same within thirty days after de- 
mand ther efor, shall require and direct the 
controller to pay said awards, costs, and ex- 
penses from the raid fund, and enforce said 
order or mandate in the same manner as other 
orders and mandates of said court are en- 
forced. Provided, however, that whenever 
the amount of damages awarded in any re- 
port, together with the costs cf the commis- 
sioners, shall exceed the balance remaining 
in said fund after deducting all outstanding 
claims against said balance, the controller 
shall and he is hereby authorized to raise, by 
the issue and sale of revenue bonds, such 
amounts as shall be necessary to pay such 
damages, costs, and expenses, and said court, 
upon the application of any person or persons 
in whose favor, cr to whom awards shall be 
made in such proceeding, and the person or 
persons in whose favor costs and expenses 


may be taxed, may require or direct the con- 
troller to raise the money necessary to enable 
him to pay such awards, costs and expenses, 
and from such fund to pay the same, except 
that when any sum cr sums shall in said 
report be made to unknown owners, the su- 
preme court shall, upon the application cf 
said city of New York, or of any person en- 
titled to, or claiming to be interested in the 
lands, tenements, or hereditaments for which 
said awards have been made, or any part there- 
of, either direct the -same to be retained by 
the controller, or to be paid into the suprem 
court, until the title thereto, or of the re 
spectlve estates and interests of all partie; 
therein shall be determined by said court, 
and upon such application, the said court may 
take the proof and testimony of the claimant 
or claimants, or parties interested in the lands 
for which said awards have been made, or re- 
fer the matter to a referee for such purpose. 

Moneys of persons under disability; how dis- 
posed of; moneys paid to wrong person. 

Sec. 1,002. Whenever the owners and pro- 
prietors of any such lands, tenements, heredi- 
taments and premises so to be taken for any 
of the purposes aforesaid, or the party or 
parties, person or persons interested therein, 
or any, or either of them, the said owners, 
proprietors, parties or persons in whose favor 
any such sum or sums, or compensation shall 
be so reported, shall be under the age of 
twenty-one years, non compos mentis, femme 
covert, or absent from the city of New York, 
and also in all cases where the name or names 
of the owner or owners, parties or persons en- 
titled unto or interested in any lands, tene- 
ments, hereditaments or premises that may be 
so taken for any of the purposes aforesaid, 
shall not be set forth or mentioned in the 
said report, or where the eaid owners, parties 
or persons, respectively, being named therein, 
cannot upon diligent inquiry be found, it 
shall be lawful for the city to pay the sum 
or sums mentioned in the said report, payable, 
or that would be coming to such owners, pro- 
prietors, parties and persons, respectively, 
into the eaid supreme court, to be secured, 
disposed of and improved as the said court 
shall direct, and such payment shall be as 
valid and effectual, in all respects, as if made 
to the said owners, proprietors, parties and 
persons, respectively, themselves, according 
to their just rights, as if they had been known 
and had all been present, of full age, discov- 
ert and compos mentis; and, provided also, 
that in all and each and every case and 
cases where any such sum or sums, cr com- 
pensations, so to be reported by the said com- 
missioners in favor of any person or persons, 
or party cr parties whatsoever, whether named 
or not named in the said report, shall be paid 
to any person or persons, or party or parties 
whomsoever, when the same 6hall of right 
belong, and cught to have been paid, to 
some other person or persons, or party or 
parties, it shall be lawful for the person or 
persons, cr party cr parties, to whom the 
same cught to have been paid, to sue for and 
recover the same, with lawful interest and 
costs of suit, as so much money had and re- 
ceived to his. her or their use, by the person 
or persons, party or parties, respectively, to 
wliom the same shall have been so paid. 

Sums to be equally and proportionately as- 
sessed. 

Sec. 1,003. All moneys paid under the pro- 
visions of this title by the city, except such 
part thereof as the board of public improve- 
ments shall direct to be borne and paid by the 
city of New Ycrk, shall be assessed- equally 
and proportionately, as far as the same may 
be practicable, upon the lands and premicos 


THE CHARTER FOR THE GREATER NEW YORK:. 


105 


benefited by the improvement, and shall be 
a lien and charge thereon, and shall be ap- 
plied, levied and collected in the manner pro- 
vided by law for the assessment, levy and 
collection of similar expenses and disburse- 
ments for the reimbursement of the city 
treasury. 

Sums assessed to be liens. 

Sec. 1,004. The respective sums or assess- 
ments so to be assessed and reported by the 
said commissioners of estimate and assess- 
ment, as and for the allowance to be made 
by the parties and persons, respectively, in 
the said report mentioned or referred to, and 
Intended as owrners and proprietors of, or 
parties interested in, lands and premises 
deemed to be benefited, for the benefit and 
advantage of the street or park or section 
thereof, or of the extension, enlargement, or 
other Improvement of the street or park 
mentioned in the said report, shall be a lien 
or charge on the lands, tenements, heredita- 
ments, and premises, in the said report of the 
said commissioners mentioned, or upon the 
estate and interests of the respective owners, 
lessees, and parties interested in such said 
lands, tenements, hereditaments, and prem- 
ises for or on account of which the said re- 
spective sums shall be so assessed by the said 
commissioners upon the said respective 
owners and proprietors thereof, or 
parties interested therein. The owners, pro- 
prietors and parties interested therein, and 
also the occupants, and each and every of 
them, shall, moreover, be respectively liable 
to pay on demand the respective sum or sums 
or assessments mentioned in the said report 
of the commissioners, at which the respective 
lands, tenements, iereditaments and premises 
so owned or occupied by him, her, or them, 
or wherein he, she, or they are so in- 
terested, or at which the owners and 
proprietors thereof shall be so assessed, to 
such person or persons as the city shall ap- 
point to receive the same. The said respect- 
ive sums or assessments, with interest as in 
this act provided, may be recovered wita all 
cost3 and charges by the city from and against 
the parties assessed, or the owner or owners 
of the respective lands, tenements, heredita- 
ments and premises 'whereon or in respect of 
which the same may be assessed, or set forth 
in the said report of the commissioners, or 
from or against any or either of the said 
parties or owners, without joining any other 
or others of them, the said parties or owners 
therein, by action; provided, that nothing 
herein contained shall affect any agreement 
between landlord and tenant, or any oilier 
contracting parties respecting the payment of 
any such assessment or charges, but they 
shall be answerable to each other in the same 
manner as if the provisions in this title con- 
tained concerning the same had never been 
made; and if any money so to be assessed 
be paid by or collected or recovered from any 
person or persons when by agreement or by 
law the same ought to have been borne and 
paid by some other person or persons, it 
shall be law r ful for the person or persons pay- 
ing the same, or from whom the same shall 
be recovered, by suit or otherwise, to sue 
for and recover the money so paid by or 
recovered from him or them, with interest 
and costs, as so much money paid for the 
use of the person or persons who ought to 
have paid the same, and the said report of 
the commissioners, with proof of payment, 
shall be conclusive evidence in such suit. 

Controller to publish notice of confirmation of 

assessment, etc. 

Sec. 1,005. It shall be the duty of the con- 
troller to give public notice by advertise- 


ment for at least ten days in the City 
Record, and the corporation newspapers, 
immediately after the confirmation of 
any assessment for a street or park open- 
ing, that the same has been confirmed, speci- 
fying the title of such assessment, the date 
of its confirmation by the supreme court, 
and also the date of entry in the record of 
titles of assessments kept in the bureau for 
the collection of assessments and of arrears 
of taxes and assessments, and of water rents, 
notifying all persons, owners of property 
affected by any such assessment, that, un- 
less the amount assessed for benefit on any 
person or property shall be paid within sixty 
days after the date of said entry of any such 
assessment, interest shall thereafter be col- 
lected thereon as provided in the following 
section; and all provisions of law or ordi- 
nance requiring any other or different notice 
of assessments and interest thereon are re- 
pealed. 

Interest to be charged if not paid in sixty days. 

Sec. 1,006. If any such assessment shall re- 
main unpaid for the period of sixty days after 
the date of entry thereof in the said record of 
titles and assessments, it shall be the duty cf 
the officer authorized to collect and receive the 
amount of such assessment, to charge, col- 
lect and receive interest thereon, at the rate 
of 7 per centum per annum; to be calculated 
from the date of such entry to the date of pay- 
ment. 

Interest limited to excess in certain cases. 

Sec. 1,007. Whenever an estimate and as- 
sessment for loss and damage, and for benefit 
and advantage shall be made by the commis- 
sioners of estimate and assessment relative to 
the same person or persons, no interest shall 
be demanded from such person or persons up- 
on the amount assessed for benefit and advan- 
tage, except on the excess of the amount he is 
to pay over and above the amount he is to re- 
ceive for or in consequence of any intervening 
time between the period fixed for the receipt 
of the amount of benefit and advantage and 
the payment's of the amount of loss and dam- 
age. 

Notices in proceedings to open streets; how 

published. 

Sec. 1,068. Any notice now required, or here- 
after to be required, by law to be published 
in any proceeding for the opening, extending, 
widening or altering any street or park in said 
city, shall hereafter bo published in the City 
Record and the corporation newspapers. When- 
ever handbills now or hereafter may be re- 
quired by law to be posted in any such pro- 
ceeding, they shall be posted or affixed with 
paste or other adhesive substance in three 
conspicuous places upon or near the lands to 
be taken in such proceedings, and proof of 
such posting shall be sufficient evidence with- 
out further proof of said notice having re- 
mained posted during the whole of the period 
required by law. 

Sec. 1,009. Nothing contained in title 3 of 
this chapter relating to the vacating and reduc- 
tion of assessments shall apply to assessments 
made pursuant to this title. 

Sec. 1,010. Whenever the word “street,” 
or the plural thereof, occurs in this chapter, 
it shall be deemed to include all that is in- 
cluded by the term “street, avenue, road, 
alley, lane, highway, boulevard, concourse, 
public square and public place,” or the plu- 
rals thereof, respectively. 

Sec. 1,011. It shall be the duty of the cor- 
poration counsel, within ten days after the 
entry cf an order appointing commissioners 
in a proceeding authorized by this title, to 
file a copy of such order in the office of the 


register or county clerk of the county In 
which the land to be acquired is located. 
There shall be indorsed upon such copy or- 
der a reference to the section and block 
or the sections and blocks on the land map 
of such county which include the land to 
be taken by such proceeding or abut there- 
on. The register or county clerk with 
whom such copy erder shall he filed shall in- 
dex in the index of conveyances on each 
block so indorsed on said copy order a state- 
ment giving the title of said proceeding and 
the date of the entry of said order. 

TITLE 5. 

SALES OF LANDS FOR TAXES, AS- 
SESSMENTS AND WATER RATES. 

When taxes and water rents to be liens on 

lands assessed. 

Sec. 1,017. All taxes and all assessments for 
local improvements and all water rents, and 
the interest and charges thereon, which may, 
in the city of New York, as by this act con- 
stituted, hereafter he laid or may have here- 
tofore been laid, upon any real estate now 
in said city, shall continue to be, until paid, 
a lien thereon, and shall be preferred in pay- 
ment to all other charges. No assessments 
for any local improvement shall be deemed 
to be fully confirmed, so as to be due and be 
a lien upon the property included in the as- 
sessment, until the title thereof, with dha 
date of confirmation shall be entered with 
the date of such entry, in a record of the ti- 
tles of assessments confirmed, to be kept In 
the office of the collector of assessments and 
arrears. 

Controller to publish notice of confirmation of 

assessments. 

Sec. 1,018. It shall be the duty of the con- 
troller to give public notice, by advertise- 
ment, for at least ten days, in the City Rec- 
ord and the corporation newspapers, duly 
designated for any borough, in which the 
property is situated, immediately after the 
confirmation of any assessment, ior a local 
improvement, that the same has been con- 
firmed, specifying the title of such assess- 
ment, and the date of its confirmation, and 
also the date of entry in the record of titles 
of assessments kept in the office for the col- 
lection of assessments and of arrears of 
taxes and assessments, and of water rents, 
notifying all persons, owrners of property af- 
fected by any such assessments, that unless 
the amount assessed for benefit on any per- 
son or property shall be paid within sixty 
days after the date of said entry of any such 
assessment, interest shall be thereafter col- 
lected thereon as provided in the following 
section, and all provisions of law or ordi- 
nance requiring any different or other notice 
of assessments and interest thereon are here- 
by repealed. 

Interest to be charged if assessment unpaid for 

sixty days. 

Sec. 1,019. If any such assessment shall re- 
main unpaid for the period of sixty days 
after the date of entry thereof on the said 
record of titles of assessments, it shall be the 
duty of the officer authorized to collect and 
receive the amount of such assessment to 
charge, collect and receive interest thereon, 
at the rate of 7 per centum per annum, to 
bo calculated from the date of such entry to 
the date of payment. 

Rate. 

Sec. 1,020. Interest shall hereafter be 
charged and collected at the rate of 7 per 
centum per annum on all arrears of taxes 


106 


THE CHARTER FOR THE GREATER NEW YORK. 


and assessments returned to the collector of 
assessments and arrears from the time they 
become due until the date of payment, or in 
case a sale has taken place, as provided in 
section 1,027, until the date of the certificate 
mentioned in said section, and on the rents 
and charges for water from the time the taxes 
become due, to which they may be added as 
required by section 1,025, until the same date 
respectively. 

Apportionment of assessment. 

Sec. 1,021. If a sum of money in gross has 
been or shall be assessed for local improve- 
ments upon any lands or premises in the city 
of New York, any person or persons claiming 
any divided or undivided part thereof may 
pay sucih part of the sums of money so assess- 
ed, also of the interest and charges due or 
charged thereon, as the controller may deem 
to be just and equitable; and the remainder 
of the sum of money so assessed, together 
with the interest and charges, shall be a lien 
upon the residue of the land and premises 
only, which residue may be sold in pursuance 
of the provisions of this act, to satisfy the 
residue of such assessment, interest, or 
charges, in the same manner as though the 
residue of said assessment had been imposed 
upon the residue of said land or premises. 

Commissioner of water supply to transmit sep- 
arate account for each ward: penalty for 

wasting water. 

Sec. 1,022. The commissioner of water sup- 
ply shall, annually, at the time the tax levy 
In each year is confirmed by the municipal 
assembly, cause to be prepared and transmit- 
ted to the collector of assessments and ar- 
rears a separate account for each ward of all 
lots on which the water rents for that year, 
Including the extra charges to be included in 
said rents, as provided by this act, may re- 
main unpaid, with the amount due on each 
lot, and shall, at the same time, notify the 
controller of the aggregate amount of such 
water rents so returned, and shall thereafter 
receive no payment on account of the same, 
but may, nevertheless, certify to the collector 
of assessments and arrears any overcharges 
which shall, upon said certificate, be remitted 
by the collector of assesments and arrears at 
any time before settlement. The said com- 
missioner of water supply is hereby author- 
ized to prescribe a penalty, not exceeding the 
sum of five dollars for each offense, for per- 
mitting water to be wasted, and for any 
violation of such reasonable rules as he may 
from time to time prescribe for the prevention 
of the waste of water; such fines shall bo 
added to the water rents. 

Receiver of taxes to return arrears to the col- 
lector. 

Sec. 1,023. The receiver of taxes shall, on 
the first day of June, in each year, make a 
return to the collector of assessments and 
arrears, of all taxes on real estate and of 
water rates and rents, which have been added 
thereto, remaining unpaid, and shall notify 
the controller of the aggregate amount of 
arrears so returned, and balance on his books 
the accounts of the arrears so returned, by 
charging the amount thereof to the said 
collector, and shall thereafter receive no pay- 
ments on account of arrears so returned, but 
may nevertheless certify to the collector of 
assessments and arrears any errors which 
shall, upon such certificate, be corrected by 
the said collector any time before settlement. 

Water rents to be provided for in assessment 
rolls. 

Sec. 1,024. There shall be ruled in the yearly 

assessment rolls of each ward a column head- 


ed “water rents,” in which immediately after 
the confirmation of such assessment rolls, the 
collector of assessments and arrears shall 
cause to be entered opposite the ward and 
block numbers of the property on which the 
said arrears may be due, the amounts due 
for “water rents” as transmitted to him by 
the commissioner of water supply, in ac- 
cordance with the law, and the same shall 
be collected at the same time and in the same 
manner with the taxes to which they shall 
be added. 

Arrears likewise to be provided for. 

Sec. 1,025. There shall be ruled in the 
yearly assessment rolls of the taxes in each 
ward, a column headed “arrears.” in which 
the collector of assessments and arrears shall, 
annually, before any taxes for the year are 
collected, cause to be entered the word “ar- 
rears” or "sold,” according as the fact may 
be, opposite to the w'ard, lot, town and 
map numbers on which any arrears of 
taxes, or of taxes with the water rent added, 
shall be due, or on which any assesment shall 
remain unpaid which was due or confirmed 
thirteen months prior to the first of June, 
then last past, or which may have been sold 
for assessments, taxes or water rents, and yet 
be redeemable. 

Bills for taxes to show arrears. 

Sec. 1,026. There shall be ruled a column 
for "arrears” in every bill rendered for taxes 
for lots on which said arrears or assessments, 
or taxes with water rents added, may be due, 
as aforesaid, or may have been sold and yet be 
redeemable, in which shall be written opposite 
the entry of the ward lot, town and map number 
of said lot, “arrears” or “sold,” according as 
the fact may be; and it is hereby declared 
to be the duty of the receiver of taxes to cause 
a record to be kept of the ward and block 
numbers of all lots so noted in said bill as 
in arrears, or sold, when said bills are pre- 
sented for settlement, and at the bottom of 
said bill shall be printed: “The columns for 
arrears indicate lots sold for arrears, or to 
be sold therefor; arrears to be paid and lots 
redeemed at the office of the collector of 
assessments and arrears.” 

Sales of lands for taxes and assessments; 

proceedings. 

Sec. 1,027. Whenever any tax on lands or 
tenements, or any assessments on lands or 
tenements for local improvements, shall re- 
main unpaid for the term of three years from 
the time the same shall have been confirmed, 
and also whenever any rents for water in 
said city shall have been due and unpaid for 
the term or four years from the time the 
same shall have been due, it shall and may 
be lawful for the collector of assessments 
and arrears, under the direction of the con- 
troller, to advertise the said lands and tene- 
ments or any of them for sale, and by such 
advertisement the owner or owners or such 
lands and tenements respectively shall be re- 
quired to pay the amount of such tax, assess- 
ment or water rents so remaining unpaid, to- 
gether with the interest thereon at the rate 
of seven per cent, per annum to the time of 
payment, with the charges of such notice and 
advertisement, to the said collector, and 
notice shall be given by such adver- 
tisement that if default shall be made 
in such payment such lands and tene- 
ments will be sold at public auction 
at a day and place therein to be specified, 
for the low’est term of years at which any per- 
son or persons shall offer to take the same 
in consideration of advancing the said tax, 
assessment or water rents, as the case may be, 
and the interest thereon, as aforesaid, to the 
time of sale, and the charges of the above 


mentioned notices and advertisements and all 
other costs and charges accrued thereon; and 
if, notwithstanding such notice, the owner or 
owners shall refuse or neglect to pay such 
tax, assessment or water rents, with the 
interest as aforesaid, and the charges attend- 
ing such notice and advertisement, then it shall 
and may be lawful for the said collector under 
the direction of the said controller, to cause 
such lands and tenements to be sold at public 
auction for a term of years, for the purpose 
and in the manner expressed in the said ad- 
vertisement, and such sale shall be made on 
the day and at the place for that purpose men- 
tioned in the said advertisement, and shall be 
continued from time to time, if necessary, 
until all the lands and tenements so advertised 
shall be sold; and the said collector shall give 
to the purchaser or purchasers of any such 
lands and tenements a certificate of sale, in 
writing, describing the lands and tenements 
so purchased, the term of years for which the 
same shall have been sold, the sum paid there- 
for, and the time when the purchaser will be 
entitled to a lease of the said lands and tene- 
ments. But no houses or lots, or improved 
or unimproved lands, in the city of New York, 
shall be hereafter sold or leased at public 
auction for the non-payment of any tax, as- 
sessment or water rents which may be due 
thereon unless notice of such sale 
shall have been published once in each 
week successively for three months in 
the City Record and the corporation 
newspapers, which advertisement shall con- 
tain, appended to said notice, a particular and 
detailed statement of the property to be sold 
for taxes, assessments or water rents; or the 
said detailed statement and description, in- 
stead of being published in the City Record 
and the corporation newspapers, shall, at the 
option of the said controller, be printed in a 
pamphlet, in which case coptes of the pam- 
phlet shall be deposited in the office of the said 
collector, and shall be delivered to any person 
applying therefor. And the notice provided 
for in this section to be given of the sale of 
houses and lots and improved and unimproved 
lands shall also state that the detailed state- 
ment of the taxes, assessments, or water rents, 
and the ownership of the property taxes as- 
sessed, and on which the water rents are un- 
paid, is published in the City Record and the 
corporation newspapers, or in a pamphlet, as 
the case may be, and that copies of the pam- 
phlet are deposited in the office of the said col- 
lector, and will be delivered to any person ap- 
plying for the same. No other notice or de- 
mand of the tax, assessment, or water rent 
shall be. required to authorize the sale of any 
lands and tenements as hereinbefore pro- 
vided. 

Contiguous lots to be advertised as one parcel. 

Sec. 1,028. In advertising houses and lots 
and improved or unimproved lands to be sold 
for the non-payment of taxes and assessments, 
or water rents, it shall be the duty of the col- 
lector of assessments and arrears to advertise 
all the houses and lots or other lands lying 
contiguous to each other and belonging to the 
same owner in one parcel, unless otherwise 
requested by such owner, but he may sell 
separately the said houses and lots as the 
same may have been assessed. 

Postponement of sales. 

Sec. 1,029. It shall be lawful for the con- 
troller to suspend or postpone any sale or 
sales of lands and tenements or any portion 
thereof which shall have been advertised for 
sale, to any time not exceeding fifteen months 
from the day specified in any such advertise- 
ment. All sales which shall be so postponed 
or suspended shall be made without further 


THE CHARTER FOR THE GREATER NEW YORK. 


107 


advertisement, other than a general notice of 
such postponement to be published in the City- 
Record and the corporation newspapers. 

Sales for taxes and assessments to be conducted 

by the collector of assessments and arrears; 

provision for repayment of purchase money 

when the sale is vacated. 

Sec. 1,030. The collector of assessments and 
arrears or his assistant shall conduct the 
sales hereinabove provided to be made, and 
no auctioneer other than said collector or his 
assistant shall be employed to make such sale, 
and no auctioneer’s fees shall be charged there- 
on. Certificates of sale shall be made and de- 
livered to the purchaser without charge. In 
case any sale shall be vacated or canceled, 
the purchaser, his legal representative or as- 
sign, shall be repaid the amount paid by him 
at such sale, with interest thereon from the 
time of such payment. 

Corporation may bid in property. 

Sec. 1,031. It shall be lawful for the collec- 
tor of assessments and arrears, at any sale 
of lands and tenements in the city of New 
York, for taxes, assessments, or water rents, 
to bid in, for the city of New York, every lot 
and premises so put up for sale for which no 
person shall offer to bid, and certificates of 
such sales shall be made by the said collec- 
tor to the city of New York, in the form and 
manner prescribed for individuals. All such 
purchases shall be subject to the same rights 
of redemption as purchases by individuals; 
and if the lands and tenements sold shall not 
be redeemed, or shall not have been assigned, 
the controller of the cflty shall execute a lease 
therefor to the city of New York, with the 
same effect as in cases of leases to individuals 
in this title provided. 

Id. How assigned. 

Sec. 1,032. It shall be the duty of said col- 
lector, in all cases of purchases of lands and 
tenements by the city of New York for taxes, 
assessments, or water rents, to assign any 
and all such purchases to any person who 
shall at any time within one year from the 
time when such purchases were made, offer 
to take the same, upon his or her paying to 
tile said collector of assessments and ar- 
rears, for the U3C of the city, the 
purchase money, with 7 per cen^. in- 
terest thereon. The person so receiving the 
assignment shall be entitled, upon the re- 
demption oil the property, to receive the 
amount so paid by him or her to the city with 
Interest from the time of such payment at 
the rate and in the same manner as if he or 
she had purchased the property at a sale for 
taxes, assessments or water rents. 

Certificates where consolidated municipality 

has bid in property. 

Sec. 1,033. In cases where lands within the 
boundaries of any or the municipal corpora- 
tions or parts of municipal corporations by 
this act consolidated with the corporation 
known as the mayor, aldermen and common- 
alty of the city of New York, have been sold 
for taxes and assessments and tho title up- 
on such sales has passed to either of said 
municipal corporations or parts of municipal 
corporations, such title is hereby transferred 
to and vested in the corporation of the ciity 
of New York as constituted by this act; and 
said corporation sfhall have all the rights, 
privileges and property of its predecessor in 
said title and the same powers and privileges 
in respect to the enforcement of the same 
or the sale or lease thereof, and the controller 
<cf the city shall control the same in all re- 


spects, as by statute in such cases already 
mad© and provided. 

Redemption of lands purchased by corporation. 

Sec. 1,034. In all cases of lands and tene- 
ments purchased by the city of New York for 
taxes, assessments or water rents, in which 
the same shall not have been assigned, any 
person claiming title to such lands and ten- 
ements, or any other person, may redeem the 
same in like manner and to the same effect 
ais in cases of Individual purchases, by paying 
in the manner provided by law, for the use 
of the said city, the purchase money with 
seven per cent, interest thereon, together 
with any and all expenses which shall have 
accrued since the sale; and in all cases where 
lands and tenements shall be conveyed to the 
said city pursuant to the provisions of this ti- 
tle, it shall be the duty of the said collectors 
in the name of the said city, to cause notices 
to be served in the manner in this title pro- 
vided. 

Corporation to take possession of unclaimed 

lands. 

Sec. 1,035. It shall be lawful for the city of 
New York, and it is hereby authorized and 
empowered, to take peaceable possession of, 
or sue for and recover, and to hold, occupy, 
and enjoy all lots or pieces or parcels of land 
situate, lying and being in the city which have 
or which may be sold for a term of time for 
the payment of any taxes or assessments in 
the said city, after the expiration of the term 
from which the same may have been or shall 
be so sold, provided the rightful owner of the 
same shall not then claim possession of the 
same, and to have, hold, and occupy the same 
until the rightful owner shall claim posses- 
sion of the same, and shall pay all sums which 
may be due thereon for taxes, assessments and 
also the value of the improvements which may 
be made, or erected upon the same by the city 
of New York, over and above all the rents, is- 
sues and profits which may be received by the 
city of New York for or on account of tho 
rents, issues and profits of any such premises; 
provided always that the city of New York 
shall not be entitled to demand any sum of 
money for any such Improvements, unless it 
shall have caused to be published in the City 
Record and the corporation newspapers 
for at least three months previous to 
the making of such improvements, a notifica- 
tion to the owners of the said lots, to appear 
and take possession of their said premises; 
and, further, that in no case shall the owners 
of the said premises be compelled to pay for 
any such improvements a sum exceeding two- 
thirds of the value of their said lots of land. 
The city shall account for and pay over to the 
rightful owner of any such lots of land all the 
rents, Issues and profits which the city of New 
York may receive on account of such premises 
over and above the amount of all taxes and 
assessments due for or on account of the said 
premises, and over and above the value of all 
such improvements thereon as shall be made 
after the notification mentioned In this sec- 
tion, and as shall not exceed two-thirds of 
the value of said lots of land. 

Mortgagees to be notified of sale before the 

time to redeem expires. 

Sec. 1,036. In cases of sales of real estate 
for the non-payment of taxes or assesments, 
it shall be the duty of the collector of assess- 
ments and arrears, sixty days before the time 
limited by law for the redemption of any 
real estate from the effects of such sales, to 
cause notice to be given to all mortgagees of 
the real estate so sold, their assignees or per- 
sonal representatives, and to all owners, les- 
sees. or persons otherwise interested, or their 


legal representatives, who shall at any time, 
at least one month before the time for the giv- 
ing of such notice, have filed in the office of 
the register or cdunty clerk of the county in 
which said real estate is situated a memo- 
randum of such mortgage and of such 
real estate, containing a brief abstract, 
designating the property, with the street num- 
ber, if there be any, or such definite description 
or diagram as will enable the said collector of 
assessments and arrears to designate the said 
premises upon the city maps, and the name 
and residence of such mortgagee, assignee, or 
personal representative, and such owner, 
lessee, or person represented. 

How such notice shall be given. 

Sec. 1,037. Such notice shall be given by 
putting into the post office in the city of New 
York, directed to such mortgagees, assignees, 
or personal representatives, at their places 
of residence, if known to the collector of as- 
sessments and arrears, and such owners, 
lessees, or persons otherwise interested, a 
printed list describing all the property sold 
for taxes and remaining unredeemed. Such 
description shall name the street or avenue on 
which the property may be situate, the side 
of the street or avenue, and between what 
streets or avenues, with the map or street 
numbers of the property, and in whose name 
assessed, together with the term of years and 
amounts for which the same shall have been 
sold, and the day or days on which the time 
limited for the redemption of the property will 
expire, with a notice that unless the property 
shall be redeemed on or by such days, by the 
payment of the sums for which the same were 
sold, with all interest and expenses allowed 
by law, that leases will be given to the pur- 
chasers, in accordance with the statute in such 
case made and provided. 

Affidavit of service. 

Sec. 1,038. An affidavit of the service of such 
notice as is required in the two preceding 
sections, before any officer authorized to take 
affidavits to be read in a court of record, and 
filed in the office of the said register or 
county clerk, or a certified copy thereof 
under the signature of such registermr coun- 
ty clerk, shall be evidence of the fact of such 
notice. 

Register to record memoranda. 

Sec. 1,039. It shall be the duty of the said 
register or county clerk to keep in his office 
a book, alphabetically arranged, for the 
registering of all such memoranda as afore- 
said, which book shall be open to the inspec- 
tion of any person desiring to examine the 
same, without charge. The said register or 
county clerk shall be entitled to receive twen- 
ty-five cents for registering the memorandum 
of each mortgage, as above provided. 

Mortgagee's right to redeem. 

Sec. 1,040. Such mortgagees or their as- 
signees or personal representatives, and such 
owners, lessees, or persons otherwise inter- 
ested, or their legal representatives, shall be 
entitled to redeem the property sold from the 
effect of such sale, at any time within two 
years from the date of such sale, and such 
mortgageies, assignees or personal repre- 
sentatives shall have a lien on the property 
for the amount paid, with the interest which 
may thereafter accrue thereon, at the rate of 
seven per centum per annum, in like man- 
ner as if the same had been included in such 
mortgage. 

Notice of expiration of time to redeem to be 

published: lease to be executed to purchaser 

on default to redeem. 

Sec. 1,041. The collector of assessments and 

arrears under direction of the controller at 


108 


THE CHARTER FOR THE GREATER NEW YORK. 


tlie city shall , cause au advertisement to be 
published at least twice in each week, for 
six weeks successively, in the City Record 
and the corporation newspapers in such 
form as he shall deem best calculated 
to give notice of such sale, that unless the 
lands and tenements sold be redeemed by a 
certain day, they will be conveyed to the 
purchaser. If the person or persons claiming 
title to the said lands and tenements, or 
some other persons, shall not, within two 
years from the date of the before mentioned 
certificate, pay to the said collector, for the 
use of the purchaser or purchasers, his, her 
or their heirs, executors, administrators or 
assigns, the sum mentioned in such certifi- 
cate, together with the interest thereon, at 
the rate of fourteen per centum per annum, 
from the date of such certificate, the said 
controller, in the name of the city of New 
York, at the expiration of the said two years, 
shall execute to the purchaser or purchasers, 
his, her or their heirs, executors, administra- 
tors or assigns, a lease, under the common 
seal of the city, of the lands and tenements 
•so sold for such term of years as the same 
shall have been sold and the execution thereof 
shall be witnessed by the said collector. At 
the time of receiving the lease the purchaser 
shall pay the sum of two dollars and fifty 
cents to the said collector for the expense 
of drawing said lease, and also the expense 
of advertising the notice to redeem; and all 
such leases executed by the said controller 
and witnessed by the said collector shall be 
presumptive evidence that the sale and all 
proceedings prior thereto, from and includ- 
ing the assessments on said lands and tene- 
ments, for taxes or assessments or water 
rents, and all notices required by law to be 
given previous to the expiration of the two 
years allowed to redeem, were regular and ac- 
cording to the provisions of the statute in 
such cases made and provided; and such pur- 
chaser or purchasers, his, her or their heirs, 
executors, administrators or assigns, shall in 
virtue thereof and of this title, lawfully 
hold and enjoy the said lands and tenements 
in said lease mentioned for his, her or their 
own propdr use against the owner or owners 
thereof, and all claiming under him, her or 
them, until such purchaser’s term therein 
shall be fully complete and ended; and the 
said purchaser or purchasers, his, her or their 
heirs, executors, administrators or assigns, 
shall be at liberty to remove all the build- 
ings or materials which he, she or they shall 
erect or place thereon during the said term, 
within one month after the expiration of 
the said term, but leaving the lands and tene- 
ments, with 'the streets fronting the same, 
in the order required by the regulations of 
the municipal assembly; provided that such 
lease shall not be executed and delivered 
until the expiration of six months after the 
publication of the notice last herein above 
mentioned. 

Redeeming a portion of lands sold. 

Sec. 1,042. In all cases where pieces or par- 
cels of land shall have been sold for taxes, 
assessments or water rents, ano any person 
shall claim to redeem any portion of the same 
within the time limited for redemption, he 
shall be permitted to do so on paying the ap- 
portionment of the tax, assessment or water 
rents for which the property was sold, to- 
gether with the interest on the same, and an 
equitable proportion of the expense, the ap- 
portionment to be made by the controller. 

Sale of lands actually occupied: notice to be 

served. 

Sec. 1,043. Whenever any lands or tene- 
ments sold for taxes, assessments, or w r ater 


rents, and conveyed, as in this title provided, 
shall ,at the time of conveyance, be in the 
actual occupancy of any person, the grantee 
to whom the same shall have been conveyed, 
or the person claiming under him, shall serve 
a written notice on the person occupying 
such lands or tenements, and in all cases on 
the person owning the property so conveyed, 
whether the property be in occupancy or not, 
provided such owner resides in the city of 
New York, or in any adjoining county; in case 
the owner does not reside in the city of New 
York, or in an adjoining county, said notice 
shall be sent to his or her post office address 
by mail. All such notices shall state in sub- 
stance the sale and conveyance, the person to 
whom made and the amount of consideration 
money mentioned in" the conveyance, "with 
the addition of forty-two per centum on such 
amount as the said lands or tenemtns were 
struck off for at the time of the sale, and the 
further addition of the sum paid for the lease 
and advertisement; and stating, also, that 
un|ess such consideration money and the said 
forty-two per centum, together with the sum 
paid for the lease and advertisements, shall 
be paid to said collector of assess- 
ments and arrears, for the benefit of the 
grantees, within six months after the 
service of such notice, the said convey- 
ance will become absolute and the owner, 
occupant, and all others interested in the 
lands or tenements be barred from all right 
and title thereto during the team of years for 
which such lands or tenements shall have 
been conveyed. And no conveyance made in 
pursuance of this title shall be recorded until 
the expiration of such notice, and the evidence 
of the service of such notice shall be recorded 
with such conveyance. 

Id. Mode of service. 

Sec. 1,044. Such notice shall be served per- 
sonally or by leaving the same at the dwell- 
ing house of the occupant and of the person 
owning the property conveyed, with any per- 
son of suitable age and discretion belong- 
ing to his or her family, and the name of 
the person on whom served shall be stated 
in the affidavit of service hereinafter men- 
tioned if the same can be ascertained, and if 
served by mail, shall state the time when 
the same was mailed. 

Id. Affidavit thereof. 

Sec. 1,045. In every such case the grantee, 
or the person claiming under him, in order 
to complete his title to the land conveyed, 
shall file with the said collector of assessments 
and arrears an affidavit of some person re- 
siding in the city of New York, who shall 
be certified as credible by the officer before 
whom such affidavit shall be taken, that such 
notice was duly served, specifying the time of 
service, the mode and manner of service and 
a copy of such notice shall be attached there- 
to. 

Certificate of the controller: effect thereof. 

Sec. 1,046. If the said controller shall be sat- 
isfied by such affidavit that the notice has 
been duly served, and if the moneys required 
to be paid fer the redemption of such lands or 
tenements shall not have been paid as herein- 
before provided, he shall, under his hand and 
seal, certify to the fact, and the conveyance 
shall thereupon become absolute, and the 
owner and all others interested in the lands 
or tenements shall be barred of all right there- 
to during the term of years for which the 
same shall have been conveyed. 

Owner or occupant: when may redeem. 

Sec. 1,047. The owner, occupant, or any 
other person may, at any time within the six 
mouths named in such notice, redeem the said 


■■ " 1 ■ — * 

lands and tenements by paying such purchase 
money, with the addition of forty-two per 

cent, thereon, and the amount that shall have 
been paid for the lease, and every such re- 
demption shall be as effectual as if made be- 
fore the conveyance of the lands or tenements 
sold. 

Rate of interest: how to be calculated. 

Sec. 1,048. The rate of interest allowed by 
law to the. purchaser at the time of redemption 
on the amount of the purchase money shall 
be reduced to fourteen per cent, per annum, 
but no interest shall be calculated on a less 
portion of time than one-quarter of a year, 
and in all cases where the property shall be 
redeemed during any fractional part of a year, 
the interest shall be calculated so as to in- 
clude the quarter in which such redemption 
shall be made, the time to be computed from 
the day of the sale. 

Certificate of redemption to be furnished. 

Sec. 1,049. Upon such redemption, as pro- 
vided for in the two preceding sections, the 
said collector of assessments and arrears shall 
give to the person redeeming, a certificate 
under his hand and seal, stating the payment, 
the year in which the sale was made, and 
showing what land such payment is intended 
to redeem, and such certificate shall be evi- 
dence of such redemption. 

Lost certificate; delivery of lease in case of. 

Sec. 1,050. Whenever any certificate given 
by the collector of assessments and arrears, 
as in this title provided, of lands sold shall be 
lost, the said controller may receive evidenco 
of such loss, and on satisfactory proof of *the 
fact may execute and deliver a lease to such 
person or persons who shall appear entitled 
thereto of the lands and tenements described 
in the certificate, and may also, in his dis- 
cretion, require a bond of indemnity to the 
city of New York. Each certificate shall be 
registered in the .record of sales to be kept 
in the bureau of said collector of assessments 
and arrears, and no transfer of such certi- 
ficate shall be valid until registered in said 

book. 

Bills of arrears of taxes and assessments to 

be furnished when requested. 

Sec. 4,051. The collector of assessments and 
arrears, upon the requisiton of any person, 
shall furnish a bill of all arrears of taxes, and 
of taxes wdth the “water rents” added on 
any lot or lots due prior to the first of June, 
then last past, and of assessments which 
shall have been due twelve months or over, 
including the amount necessary to redeem it 
or them, if it or they have been sold for any 
arrears of assessments, taxes or water rents 
and be yet redeemable; and upon the pay- 
ment of the said bill (which shall be called 
a “bill of arrears of assesments, taxes and 
wrater rents and for redemption”) his receipt 
thereon, countersigned by the controller, shall 
be conclusive evidence of such payment. The 
controller shall cause to be kept a duplicate 
account of amounts so collected, and the cer- 
tificate of the collector of assessments and 
arrears, countersigned by the controller, that 
there are no such liens on said lot or lots, 
shall forever free the said lot or lots from 
all liens of taxes, or for taxes with water 
rates added, or for rents of water added to 
the taxes prior to the first of June then last 
passed, and for all assessments due thirteen 
months or over, prior to the date of the said 
receipt or certificate, and from all liens in 
consequence of sales for assessments, taxes, 
or water rents, or for all of them, when the 
time allowed by law for redemption had net 


THE CHARTER FOR THE GREATER NEW YORK. 


109 


expired at the date or time of said payment 
or certificate. 

Id.: fees for searches. 

Sec. 1,052. Fees for the searches to be paid 
into the city treasury shall be included in 
the bills mentioned in the preceding section, 
and also charges for certificates, which shall 
be given by said collector of assessments 
and arrears, respecting lots on which there 
may be no arrears when searches are requir- 
ed ; the said fees to be regulated by ordinance 
of the municpal assembly. 

Complete record of sales to be kept. 

Sec. 1,053. There shall be kept in the office 
of the collector of assessments and arrears 
a record of all sales made for taxes, assess- 
ments, and water rents, which record shall 
show the amount of the tax, the assessment, 
and the water rents, a description of the 
premises sold, the date of the sale, the name 
of the person to whom sold, the term of years 
for which such property was sold, time of the 
delivery of the lease, to whom delivered, and 
when the same shall expire. 

Affidavits of publication of necessary notices 

to be preserved. 

Sec. 1,054. It shall be the duty of the col- 
lector of assessments and arrears to procure, 
preserve and register in his office, affidavits 
of the publication of all notices by this title 
required to be published, and such affidavits 
shall be presumptive proof of such publica- 
tion in all the courts of this state. 

CHAPTER XVIII. 

DEPARTMENT OF EDUCATION. 

Title I. The Public Schools and Their Man- 
agement. 

Title 2. The College of the City of New 
York. 

Title 3. The Normal College. 

Title 4. General Provisions. 

TITLE 1. 

THE PUBLIC SCHOOLS AND THEIR 
MANAGEMENT. 

Board of education and school boards: property 

under their care and control: in what name 

suits brought. 

Sec. 1,055. The title to all property, real 
and personal, now or that may hereafter be 
acquired for school or educational purposes, 
except the state normal school at Jamaica, 
and also the title to all property, real and per- 
sonal, purchased for school or educational 
purposes with any school moneys, whether 
derived from the issue of bonds, or raised by 
taxation in the city of New York, shall be 
vested In the city of New York, as constitut- 
ed by this act, but shall be under the care and 
control of the board of education and of the 
school boards of the various boroughs, as 
provided in this act, for the purposes of pub- 
lic education. Suits in relation to such prop- 
erty shall be brought in the name of the said 
board of education. The said city of New 
York shall have power to take and hold any 
property, real or personal, devised or be- 
queathed or transmitted to it for the purposes 
of education in said city; but such property 
shall be under the care and control of the 
board of education and of the school boards 
of the various boroughs, as provided by this 
act, for the purposes of public education in 
said city. 

School age of children. 

Sec. 1,056. The schools of the said city 
under the management and control of the 


board of education and of the several school 
boards established by this act shall be free 
to all persons over five and under twenty- 
one years of age residing in said city, but 
under such regulations not in conflict with 
the general school law of the state, as the 
board of education or the respective school 
boards shall prescribe; and where kinder- 
garten schools are established under the 
provisions of this act, they shall, in like 
manner, be free to children not less than 
four years of age residing in said city. 

Board of education-: succeeds to trusts of Pub- 
lic School society. 

Sec. 1,057. All the trusts held by or vested 
in the Public School society of the city of 
New York, as organized and existing pre- 
vious to its several acts, in compliance with 
the provisions of an act entitled “An act 
relative to cpmmon schools in the city of 
New York,” passed the fourth day of June, 
one thousand eight hundred and fifty-three, 
which have not been conveyed by the said 
society, and ail the rights, powers and duties 
of the said society, which yet remain therein, 
shall continue and be vested in the board of 
education of the city of New York, which 
board is and shall be held to be the lawful 
successors of said society in the execution of 
every trust. 

Board of education and school boards: suc- 
ceed to duties and powers of former boards, 

etc. 

Sec. 1,058. Subject to the provisions of this 
act, and so far as is consistent therewith, 
the board of education of the city of New 
York, as created by the terms and provisions 
of this act, and the school boards of the 
various boroughs, as created by the terms 
and provisions of this act, shall respectively 
be subject to all the duties, possess all the 
rights and exercise all the powers now re- 
spectively held by the boards of education, 
commissioners of education and school trus- 
tees existing at the time of the passage of 
this act, in and for the city of New York, 
the City of Brooklyn, or Long Island City, 
or the school districts of the county of Rich- 
mond, and the school districts of that part 
of the county of Queens, by this act consoli- 
dated into the city of New York, and such 
duties shall be deemed under this section 
to be devolved upon the said board of edu- 
cation or the school boards in the same man- 
ner as similar duties are devolved upon the 
said board of education or the school boards 
of the boroughs by this act. 

Money to conduct schools to be raised by taxa- 
tion after 1898. 

Sec. 1,059. The beard of estimate and ap- 
portionment and the municipal assembly of 
the city of New York may, in the year eight- 
een hundred and nine'ty-nine, and in each and 
every year thereafter, raise and collect by tax, 
on the estates, real and personal, liable to 
taxation in said city, such sum of money as 
may be necessary to provide for the conduct of 
the schools as called for by the budget adopted 
by the said beard and the said assembly pur- 
suant to the provisions of this act; but noth- 
ing contained in this act stall be construed to 
limit or restrict the power of the beard of esti- 
mate and apportionment and the municipal as- 
sembly, to fix in their descretioin, and in such 
detail as they may deem expedient, the 
amounts to be allowed to said board of educa- 
tion in «ie annual tax levy. 

Special and general school funds: all moneys 

to be received by board of education. 

Sec. 1,0G0. All moneys raised for educational 
purposes in the city of New York stiall be 


raised in two funds, to' be known os the special 
school fund and the general school fund, re- 
spectively. The special school fund shall con- 
sist of all moneys raised for the purchase of 
school sites, for the erection and repairs of 
buildings, for the purchase and the leasing of 
educational and school buildings; for the pur- 
chase of ail school supplies, for the mainte- 
nance of the nautical school, and for the ad- 
ministrative purposes of the board of educa- 
tion. 

And it shall be the duty of the beard of esti- 
mate and apportionment and of the municipal 
assembly to indicate in the budget in raising 
the special school fund the respective amounts 
thereof which shall be available for use within 
the jurisdiction of each of the school boards. 
The general school fund shall be raised in 
bulk, and for the city at large, and shall con- 
tain and embrace all items for educational 
purposes not comprised in the special school 
fund. Ihe said board of education shall have 
power to take and to receive, and shall take 
and receive all moneys appropriated or avail- 
able for educational purposes in the city of 
New York. 

School board, how constituted: vacancies: 

members to hold no other office except, etc. 

Sec. 1,061. There shall be the following 
school boards in the city of New York: 

(1.) A school board for the boroughs of 
Manhattan and the Bronx, to be composed of 
twenty-one members. The board of educa- 
tion cf the city of New York, as constituted 
prior to the passage of this act, shall be the 
school board in and for the said boroughs, 
and the members of said board of education 
Shall serve out, as members of the school 
board, the terms for which they were re- 
spectively appointed as members of the board 
of education of the city of New York. Their 
powers, duties and functions as a board of 
education shall cease and determine, and 
their powers, duties and functions as a school 
board under this act shall commence on the 
first day of February, 1898. 

(2.) A school 'board for the borough of 
Brooklyn, to be composed of forty-five mem- 
bers. The board of education of the city of 
Brooklyn shall be the school board in and for 
•the borough of Brooklyn, and the members 
of said board of education shall servo out, as 
memlbers of the school board, the terms for 
which they were respectively appointed as 
members of the board of education of the city 
of Brooklyn. Their powers, duties and func- 
tions as a board of education shall cease and 
determine, and their powers, duties and func- 
tions as a school board under this act shall 
commence on the first day of February, 189S. 

The mayor shall appoint successors to the 
members of the school board of the boroughs 
of Manhattan and the Bronx and of the school 
board of the borough of Brooklyn as "their 
terms shall respectively expire. 

(3.) A school board for the borough of 
Queens and a school board for the bGrough of 
Richmond, each to be composed of nine mem- 
bers, to be appointed as follows: On the third 
Wednesday in January, 1898, the mayor shall 
appoint for each of the said boroughs, nine 
persons, to constitute the school board in the 
said boroughs, respectively; three of whom 
shall bo appointed for one year, three for 
two years and three for three years, and their 
terms of office shall bo designated in their 
letters of appointment. They shall take 
office, and their terms shall commence on the 
first day of February succeeding their ap- 
pointment. As their terms respectively ex- 
pire, the mayor shall appoint their successors 
for a full term of three years. 

The powers, duties and functions of the 
board of education of Long Island City, and 


no 


TriE CHARTER FOR THE GREATER NEW TURK. 


of all other boards of education within the 
territory by this act consolidated into the city 
of New York, and of the trustees of com- 
mon schools for the school districts included 
in the city of New York as constituted by 
this act, shall cease and determine, and their 
offices shall be abolished on the first day of 
February, 1898; and the jurisdiction and 
powers of school commissioners within the 
territory of the city of New York as consti- 
tuted by this act, shall cease at the same 
time. 

The term of office of all members of the 
school boards, save as in this section other- 
wise provided, shall be three years. The 
members of each school board shall be ap- 
pointed from the residents of the respective 
boroughs in which they are to serve. Va- 
cancies in said board, caused by death, resig- 
nation, removal from the borough, or other- 
wise, shall be filled by the mayor for the un- 
expired term. Members of the school boards 
shall hold no office of emolument under the 
city, county, state, or national government, 
except the offices of notary public, or com- 
missioner of deeds, or offices in the National 
guard. 

Board of education: how constituted; president; 

vacancies; members to serve without pay. 

Sec. 1,062. There shall be in the city of 
New York as constituted by this act, a board 
of education, which ^hiaM have the manage- 
ment and control of the public schools and 
of the public school system of the city, sub- 
ject only to the general statutes of the state 
relating to public schools and public school 
Instruction, and to the provisions of this act. 
The board of education of the city of New 
York shall consist of nineteen members, 
and shall be composed as follows: Of the 
chairman of each of the school boards pro- 
vided for by the last preceding section, by 
virtue of hie office, and of ten delegates elect- 
ed by the school board of the boroughs of 
Manhattan and the Bronx, and of five dele- 
gates elected by the school board of the bor- 
ough of Brooklyn, to be chosen from the 
membership of said school boards, respec- 
tively. The membens of the board of educa- 
tion so elected shall serve for one year and 
until their successors are chosen. On the 
third Monday of February, in the year 1898 
and in every year thereafter, the said board 
of education shall organize by electing one 
of its members as president of the 'board, 
who shall preside at its meetings, and shall 
have the same power to vote thereat as any 
other member, but who shall not have the 
power of veto. Any vacancy in the office of 
members cf the board of education, caused 
by death, resignation, or otherwise, shall be 
filled for the unexpired term in the same 
manner as the officer whose office Is vacated 
-was chosen or elected. Members of the board 
of education and of the several school boards 
sha/ll serve without pay. 

Id. To possess powers and privileges of a 
' corporation. 

Sec. 1,063. For the purposes of this chapter, 
the beard of education of the city of New 
York shall possess the powers and privileges 
of a corporation. 

Id. To be representative of school system; to 

require and revise estimates from school 

boards. To submit estimate for entire school 

system. 

Sec. 1,064. The board of education shall 
represent the schools and the school system 
of the city of New York before the board of 
estimate and apportionment, and before the 
municipal assembly in all matters of ap- 
propriations in the budget of the city for 


educational purposes, and in all other mat- 
ters, and shall, in general, be the representa- 
tive of the school system of the city In its 
entirety. The said board shall require from 
each school board estimates In detail of the 
moneys needed for the administration of the 
department of education in its borough, and 
it shall be the duty of each school board, when- 
ever required by the board of education, to 
transmit such estimates to the said hoard. 
The board of education shall, thereupon, re- 
state, rearrange, revise, and verify such es- 
timates so as to form an estimate for the 
entire school system of the city, which it 
shall submit, properly divided into items un- 
der the general school fund and the special 
school fund, to the board of estimate and 
apportionment for its action. 

Id. Administers special fund; apportions gen- 
eral fund and files record with controller. 

Sec. 1,065. The special school fund shall he 
administered by the board of education. The 
general school fund shall be administered by 
the respective school boards and shall be ap- 
portioned by the board of education among 
the different school boards of the city as fol- 
lows: 

(1.) A distributive quota to each school 
board of $100 for every qualified teacher, or 
for successive qualified teachers who shall 
have actually taught in the schools under the 
charge of the board during a term of not less 
than thirty-two weeks of five successive days 
each, inclusive of legal holidays. 

(2.) The remainder of such general school 
fund shall he apportioned among the said 
school boards by the said board of education 
In proportion to the aggregate number of days 
of attendance cf the pupils resident in the 
boroughs under their charge, between the 
ages of five and eighteen years, at their re- 
spective school’s, during the last preceding 
school year, and also of such pupils resident 
therein over four years of age, as shall, dur- 
ing the last preceding school year, have 
attended any kindergarten schools established 
under the direction of the school boards or 
any of them, pursuant to the provisions of 
this act. The aggregate number of days in 
attendance of the pupils is to be ascertained 
from the records thereof kept by the teachers, 
as hereinafter prescribed, by adding together 
the whole number of days of attendance of 
each and every such pupil in the schools 
under the charge cf the respective school 
boards. The board of education shall file a 
record cf their apportionment of the general 
school fund and of all appropriations from 
the special school fund, with the controller. 

Id. Mav direct controller to withhold certain 
appropriations. 

Sec. 1,066. The beard of education shall 
have power to direct the controller to with- 
hold from any school board any part of the 
moneys apportioned to it upon the basis of 
the number of teachers employed in any 
school under its charge, whenever the city 
superintendent cf schools shall report in writ- 
ing to said board of education that the provis- 
ions of the state school laws, or of this chap- 
ter, or of the bylaws of the board of educa- 
tion in any way relating to such school or 
to its teachers, are not being complied with; 
and when thereafter the city superintendent 
shall report in writing to the board of educa- 
tion that the provisions of the state school 
laws, or of this chapter, or of the bylaws of 
the beard of education, are being satisfactor- 
ily complied with in said school, It shall be 
the duty of the board of education to direct 
the controller to place at the disposal of the 


school board concerned the school moneys so 
withheld. 

Id. To use and control certain premises. 
Housing the school board of the borough 
of Manhattan and the other boroughs. 

Sec. 1,067. The board of education shall 
have power to use and to control the premises 
known as the hall of the board of education, 
at the corner of Grand and Elm streets in 
the borough of Manhattan, and any other 
buildings to be occupied for like purposes 
therein, and to make all the repairs, altera- 
tions and additions in and to the said building 
or buildings which the board of education may 
authorize and deem advisable. And it shall be 
its duty to make provision, for housing the 
school board of the boroughs 'of Manhattan 
and the Bronx in such building or in any 
other building which may be so occupied by 
the board of education. The board of educa- 
tion of the city of New York shall provide a 
meeting room, and such other headquarters, 
offices and rooms, as they may deem advisable 
within the boroughs of the city of New York, 
for the administration of the powers and 
duties of the school boards of the other 
boroughs. 

Id. To dispose of personal property. Disposi- 
tion of proceeds. 

Sec. 1,068. The board of education shall 
have power, in the name of the city of New 
York and for said city, to dispose of such 
personal property used In the schools or other 
buildings under the charge of said board, as 
the school board of the borough concerned 
shall by resolution certify is no longer re- 
quired for use therein, and all- moneys realized 
by the sale thereof shall be paid into the 
city treasury and shall at once be appropri- 
ated by the board of estimate and apportion- 
ment to the special school fund of the board 
of education for use in the borough in which 
the property sold was situated. 

Board of education: to appoint certain officers, 
clerks, etc., and fix their salaries. 

Sec. 1,069. The said board of education shall 
have power to appoint a secretary of the 
hoard, a superintendent of school buildings, 
who shall be an architect of experience and 
good standing, and whose term of office 
shall be for six years; a superintendent of 
school supplies, whose term of office shall be 
for six years; a city superintendent of 
schools for the term of six years and one or 
more auditors, as may be necessary in the 
judgment of the board, upon whose certifi- 
cate accounts against the said beard, or 
charges upon either the special or general 
school fund may be paid when countersigned 
by the proper officers, as the bylaws of the 
said board of education, with the approval 
of the controller of the city, may direct. 
The said board may appoint a chief clerk 
and such other officers, clerks, or subordi- 
nates as it may deem necessary for Us ad- 
ministrative duties, and as are provided for 
by the proper appropriation. The city super- 
intendent of schools, the secretary of the 
beard, the superintendent of school buildings, 
the superintendent of school supplies, the au- 
ditor or auditors, and any other officers, 
clerks or subordinates of the board, may, any 
or either of them, be removed for cause at 
any time by a vote of three-fourths of all of 
the members of the hoard of education. The 
said board shall fix and regulate within the 
proper appropriation the salaries or compen- 
sation of the secretary of said board; of the 
superintendent of school buildings; of the 
superintendent of supplies; of the auditor or 
auditors; of the city superintendent of 


THE CHARTER FOR THE GREATER NEW YORK. Ill 


schools; of members of the board of ex- 
aminers, and of any other officers, clerks or 
subordinates, and it may fill any vacancies 
in such, offices or positions. 

Id. Power to enact bylaws, rules and regu- 
lations. 

Sec. 1,070. The board of education shall 
have power, subject to the provisions of law 
and of this act, to enact bylaws, rules and 
regulations for the proper execution of all 
duties devolved upon the board, its members 
and committees; for the transaction of all 
business pertaining to the same; for defining 
the duties of the city superintendent of 
schools, the superintendent of school build- 
ings, the superintendent of school supplies, 
of its auditor or auditors, its clerks and sub- 
ordinates; for regulating the manner of mak- 
ing disbursements from any of the funds ap- 
portioned to any borough for school purposes, 
for the proper execution of all powers vested 
in it by law, and for the promotion of the 
welfare and best interests of the public 
schools and public school system of the city 
in the matters committed to its care. 

Id. Secretary: duties: secretary and chief clerk 

may administer oaths. 

Sec. 1,071. The secretary of the board of 
education shall have charge of the rooms, 
books, papers and documents of the board, 
and shall, in addition to his duties as secre- 
tary of the board, perform such other duties 
as may be required by its members or com- 
mittees. The secretary and ‘the chief clerk 
of said board are authorized to administer 
oaths and take affidavits in all matters ap- 
pertaining to the schools in the city of New 
York, and for that purpose shall possess all 
the powers of a commissioner of deeds, but 
shall not be entitled to any of the fees or 
emoluments thereof. 

Id. Provide for bureaus, etc., in boroughs. 

Sec. 1,072. The board of education shall 
make provision for the organization in the 
various boroughs of such bureaus as they may 
deem necessary in the departments of the 
superintendents of school buildings and of 
school supplies, and shall make such provis- i 
ion by its bylaws as will enable each school I 
board to secure prompt and efficient service 
for the planning and erection of new build- 
ings for school purposes, and for the altera- 
tion and repair of existing buildings and for 
the regulation of the purchase and distribu- 
tion of school books and supplies, and for the 
preservation of all school records. 

Superintendent of school buildings: oath and 

security by: subject to regulations of board: 

vacancy in office. 

Sec. 1,073. The superintendent of school 
building.s shall take and subscribe before the 
secretary or the chief clerk of the board of 
education, the oath prescribed by the consti- 
tution of this state, and give such security 
for the faithful performance of the duties of 
his office as the board of education may di- 
rect; and the department under his charge 
shall be subject to such rules and regulations 
as the board may establish, one of which ©hall 
prohibit the performance by him of any work 
on any other account, similarto that performed 
under the regulations so established, except 
for the college of the city of New York and 
the normal college of the city of New York, 
and like institutions in the department of ed- 
ucation. Any vacancy in the said office of 


superintendent of school buildings shall be 
filled by appointment for the unexpired term. 

Id. Deputy in each borough. Plans for school 
buildings. 

Sec. 1,074. The superintendent of school 
buildings may appoint a deputy superintend- 
ent for each of the boroughs, who shall be an 
architect or engineer of good standing, and, 
with the authority of the board of education, 
he may empower a deputy superintendent in 
his place and stead to execute all the duties 
of superintendent and such other duties as the 
board of education may, by regulation, pre- 
scribe. All plans for new school buildings, 
for additions to school buildings and for 
structural changes in old buildings, shall be 
passed upon and must be approved by the su- 
perintendent q f school buildings, who shall 
then submit ouch plans to the school board of 
the borough wherein such buildings are to be 
erected or such additions or changes are to 
be made, who shall thereupon transmit such 
plans with such suggestions, in writing, as 
they may see fit to make, to the board of 
education, whose action thereon shall be 
final. 

Id. Appointment and removal of janitors. 

Sec. 1,075. Janitors shall be appointed by 
the school board on the nomination of the 
superintendent of school buildings. All such 
nominations shall be from a preferred list of 
duly qualified persons certified to and on file 
in the office of superintendent of school build- 
ings. Janitors may be removed by the school 
board on complaint of the principal of the 
school, the superintendent of school build- 
ings, or a member of the school board. 

Board of education; purchase of, and regula- 
tions regarding supplies. 

Sec. 1,076. The board of education shall 
provide for the purchase of all books, ap- 
paratus, stationery and other things necessary 
and expedient to enable the schools of the city 
to be properly and successfully conducted. 
It shall cause to be furnished all necessary 
supplies, and shall make regulations for the 
furnishing thereof to the schools in the sev- 
eral boroughs, and for the accounting for the 
same by the several school boards. The 
board of education shall have power to enact 
bylaw's and resolutions for the government 
of the superintendent of supplies, which by- 
laws and resolutions shall provide that all 
supplies, as far as possible, shall be obtained 
by contract, for which proposals ^hall be ad- 
vertised for a period of at least two weeks. 

Id. Advertising for contracts: security for 
performance. 

Sec. 1,077. The board of education shall 
have power by its bylaws to prescribe the pe- 
riod of all advertising for contracts to be 
entered into by or in behalf of the eaid 
board, the rules which are to determine the 
acceptance or rejection of allbidsgiven for any 
work, labor or materials advertised for, and 
the security to be required to insure the per- 
formance of such contract. 

Superintendent of supplies: oath and security 
by; subject to regulations of board; vacancy: 
deputy superintendents and subordinates: 
depots of supplies.' 

Sec. 1,078. The superintendent of school sup- 
plies Shall take and subscribe before the sec- 
retary or the clerk of the board of education 
the oath prescribed by the constitution of this 
state, and shall give such security for the 
faithful performance of the duties of his 
office as the board of education may direct; 
and the department under his charge shall 


be subject to such rules and regulations as the 
board may establish. Any vacancy in the 
said office of superintendent of school supplies 
shall be filled by appointment for the unex- 
pired term. Tne superintendent of school 
supplies may appoint such deputy superinten- 
dents and such other subordinates as the 
bylaws of the board of education may autho- 
rize, and he may, with the authority cf said 
board, empower a deputy superintendent in 
his place and stead to execute all the duties 
of the superintendent, and such other duties 
as the board of education may by regulation 
prescribe. He shall establish such depots 
of supplies in any of the boroughs as may be 
authorized by the board of education. 

City superintendent of schools: rights and 

duties. 

See. 1,079. The city superintendent of 
schools shall have che right of visitation and 
inquiry in all of the schools of the city of 
New York as constituted under this act, and 
he shall report to the board of education on 
She educational system of che city, and upon 
the condition of any and of all the schools 
thereof, but he shall have no right of inter- 
ference with the actual conduct of any school 
In the city of New York. He shall have a 
seat in the board of education and the right 
to speak on all matters before the board, but 
not to vote. 

Id. Further duties: annual report: clerks of 

main office. 

Sec. 1,080. The city superintendent of 
schools, so often as he can consistently with 
his other duties, shall visit the schools of the 
city as he shall see fit, and inquire into their 
courses of instruction, management and disci- 
pline, and shall advise and encourage the pu- 
pils and teachers and officers thereof; sub- 
ject to the bylaw's of the board of education, 
he shall prescribe suitable registers, blanks, 
forms and regulations for the making of all 
reports, and for conducting all necessary busi- 
ness connected with the school system not de- 
volved upon the borough superintendent by 
this act, and he shall cause the same, with 
such information and instructions as he shell 
deem conducive to the proper organization 
and government of the schools, and the due 
execution of their duties by school officers, 
to be transmitted to the officers or persons 
intrusted with the execution of the same. 
Ho shall submit to the board of education an 
annual report containing a statement of the 
condition of the schools of the city, and all 
such matters relating to his office and such 
plans and suggestions for the improvement 
of the schools, in the school system, and for 
the advancement of public instruction in the 
city of New York as he shall deem expedient, 
and as the bylaws of the board of education 
may direct. He may appoint such clerks as 
he may deem necessary and as are authorized 
by the board of education, but the compen- 
sation of such clerks shall not exceed in the 
aggregate the appropriated provision therefor. 
He shall assign his clerks to their various du- 
ties, and may suspend or discharge them for 
cause, but in such case the clerks shall have 
a right of appeal to the board o.f education. 

He shall report as often as the board of edu- 
cation shall direct upon any matter, or mat- 
ters. entrusted to his charge, in such detail 
as shall be required of him. He shall main- 
tain his main office in the borough of Man- 
hattan, and in such building as the board of 
education shall direct. He shall have power, 
at any time, to call together all of the bor- 
ough superintendents and associate superin- 
tendents for consultation. It shall further be 
his duty to report any case of gross miscon- 
duct, insubordination, neglect of duty, or gen- 


112 


THE CHARTER FOR THE GREATER NEW YORK. 


oral inefficiency on the part of any borough 
superintendent or associate superintendent 
first to the school board of the borough con- 
cerned, and, falling of remedy, then to the 
board of education. 

Board of examiners: teachers' licenses, etc. 

Sec. 1,081. A board of examiners is here- 
by constituted, whose duty it shall be to ex- 
amine all applicants requiring to be licensed 
in and for the city of New York, and to issue 
to those who pass the required tests of charac- 
ter, scholarship and general fitness, such li- 
censes as they are found entitled to receive. 

Such beard of examiners shall consist of the 
city superintendent of schools, together with 
four persons appointed by the board of edu- 
cation upon the nomination of the city super- 
intendent. The terms of the first four ex- 
aminers so appointed shall be one. two, three 
and four years, respectively, and as their 
terms respectively expire, their successors 
shall be appointed for a full term of four 
years, which shall thereafter be tho full and 
regular term of office of said examiners. They 
shall be paid such compensation for services 
actually rendered as the board of education 
shall prescribe. 

To be eligible to appointment as ad exam- 
iner, an applicant must possess some one of 
the following qualifications, to w-it: (a) A de- 
gree or diploma of graduation from a college 
or university recognized by the regents of 
the university of the state of New York, to- 
gether with at least five years' successful ex- 
perience in teaching since graduation, (b) A 
state certificate obtained as the result of an 
examination held since 1875, together with at 
least ten years’ successful experience in teach- 
ing. (c) The highest certificate for a principal 
or superintendent in force when this act takes 
effect by any city included in the city of New 
York as constituted by this act, together with 
at least ten years’ successful experience in 
teaching. 

No borough superintendent, associate super- 
intendent, principal or teacher in the city of 
New York shall be allowed to serve on the 
board of examiners. 

Each scfhool board, on the recommendation 
of the borough board of superintendents, shall 
designate, -subject to the requirements of the 
state school laws in force when this act takes 
effect or that may thereafter be enacted, the 
kinds or grades of licenses to teach which may 
or shall be used in the borough or boroughs 
under its charge, together with the academic 
and professional qualifications required for 
each kind or grade of license, and shall certi- 
fy the same to the city superintendent of 
schools. 

Each school board, on the recommendation 
of the borough superintendents, shall also 
designate, subject to the like limitations, and 
shall certify in like manner, the academical 
and professional qualifications required for 
service in the boroughs under its charge of 
principals, branch principals, supervisors, 
heads of departments, assistants and all other 
members of the teaching staff. 

The board of education on the recommenda- 
tion of the city superintendent, shall desig- 
nate, subject to the requirements of the state 
school laws in force when this act takes effect 
or that may thereafter be enacted, the mini- 
mum requirements to prewail throughout the 
city for all officers to be appointed to any 
supervising or teaching position under any 
school board. 

The board of examiners shall hold such 
examinations as the city superintendent may 
prescribe, and shall prepare all necessary 
eligible lists. The city superintendent shall 
transmit to each school board the eligible 


lists that are available for use within its 
jurisdiction. 

All licenses shall be issued in the name of 
the city superintendent of schools and shall 
state on their face in what borough or bor- 
oughs they are valid. 

Graduates of colleges and universities recog- 
nized by the regents of the University of the 
state of New York, who have pursued for not 
less than one year pedagogical courses there- 
in; graduates of schools and colleges for the 
training of teachers, approved by the state su- 
perintendent of public instruction ; and teach- 
ers holding a state certificate issued by the 
state superintendent of public instruction 
since the year 1875, or holding a college grad- 
uate’s certificate issued by the same author- 
ity, may be exempted, in whole or in part, 
from such examination at the discretion of 
the city superintendent. The names of those 
to whom licenses have been granted, includ- 
ing those exempted from examination and 
those duly licensed in the several boroughs 
prior to the date on which this act takes ef- 
fect, shall be entered by the city superintend- 
ent upon lists to be filed in his office, a sepa- 
rate list being made for each grade or kind 
of license for which the board of education 
shall by its by-laws make provision; and such 
lists shall always be open to the inspection of 
the members of the board of education, the 
members of the school boards, the borough 
superintendents, the associate superintend- 
ents, the inspectors, and the principals of 
schools. Except as superintendent or associ- 
ate superintendent, as supervisor or director 
of a special branch, as principal of or teacher 
in a training school or high school, no person 
shall be appointed to any educational position 
whose name does not appear upon the proper 
list. No person shall teach in any public 
school in the city who has not such license, ex- 
cept as herein otherwise provided, nor shall 
any unlicensed teacher have any claim for 
salary. Licenses to teach shall be issued by 
the city superintendent of schools for a peri- 
od of one year, which may be renewed without 
examination in case the work of the holder is 
satisfactory to the borough superintendent 
for two successive years. At the close of the 
third year of continuous, successful service, 
the city superintendent may make the license 
permanent. Authority to revoke any perma- 
nent license for cause shall be vested in the 
state superintendent of public instruction. 

Id. School officers not to be interested in con- 
tracts: removal of. 

Sec. 1,082. The board of education shall have 
power to remove from office any school officer 
who shall have been directly or indirectly In- 
terested in the furnisbing of any supplies or 
materials, or in the doing of any work oir la- 
bor, or in the sale or leasing of any real estate 
or in any proposal, agreement or contract for 
anj of these purposes. In any oase in which 
the price or consideration is to be paid, in 
whole or in part, directly or indirectly, out of 
any school moneys, or who shall have received 
from any source whatever any commission or 
compensation in connection with any of the 
matters aforesaid; and any school officer who 
shall violate the preceding provisions of this 
section shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be 
punished by a fine not exceeding ode thousand 
dollars or imprisonment in the city prison not 
exceeding one year, or both, and shall also be 
Ineligible to any school office. The provisions 
of this section shall not apply to authors of 
school bocks used in any of the public schools 


because of any interest they may have as 
authors in such books. 

Id. Public school teachers' retirement fund. 

Sec. 1,083. The board of education is hereby 
given the general care and management of 
the public school teachers’ retirement fund 
created by this act. The controller of the city 
of New York shall hold any money belonging 
to said fund, and by the direction of said ; 
beard of education shall invest and pay out 
the same. The board of education shall have 
charge and administersaidpublicschool teach- 
ers' retirement fund as k shall deem most 7 
beneficial to said fund, and is empowered to 
make all necessary contracts and take all 
necessary and proper action and proceedings 
in the premises, and to make payments from 
said fund of annuities granted in pursuance cf 
this act; and shall, from time to time, estab- 
lish such rules and regulations for >the admin- 
istration of said fund as it may deem best; 
which rules and regulations shall carefully 
preserve all rights inhering in the teachers of 
the city of New York as constituted 

prior to the passage of this act. 

And the controller of the city of New York 
shall report in detail to the board of education 
of the city of New York, annually, in the 
month of January, the condition of said fund, 
and the items of the receipts and disburse- 
ments on account of the same. The public 
school teachers’ retirement fund herein pro- 
vided for shall consist of the following, with 
the interest and Income . thereof: (1) All 
money, pay, compensation or salary, or any 
part thereof, forfeited, deducted or withheld 
from any teacher or teachers for and on ac- 
count of absence from duty from any cause. 
The secretary of the board of education shall 
certify monthly to the controller the amounts 
so deducted from the salaries of teachers dur- 
ing the preceding month. (2) All moneys re- 
ceived from donations, legacies, gifts, be- 
quests or otherwise, for and on account of 
said fund. (3) All such other methods of in- 
crement as may be duly and legally devised 
for the increase of said fund. On and after 
the passage of this act the board of educa- 
tion shall, by amending its bylaws relating 
to the excuse of absence of teachers with pay, 
so provide that the aggregate of the several 
sums deducted or forfeited on adcount 
of absence from duty shall be fully 
adequate to meet the demands made 
upon the public school teachers’ retire- 
ment fund for the payment of annuities 
as herein provided. Said board of education 
shall have power, by a two-thirds vote of all 
its members, and after a recommendation to 
that effect shall have been made by the city 
superintendent of schools, stating that the 
teacher is mentally or physically incapaci- 
tated for the performance of duty, to retire 
any female teacher of the public schools, in- 
cluding special teachers in the same, who 
shall have taught therein during a period ag- 
gregating thirty years, and to retire ary 
male teacher of said schools w-ho shall have 
taught therein -during a period aggregating 
thirty-five years. The board of education 1 
may also, at its discretion, retire such teach- 
ers upon their own application, after the like 
period of service. Any teacher so retired shall 
thereafter be entitled to receive as an annuity 
one-half the annual salary paid to said 
teacher at the date of said retirement, 
not to exceed, however, in any case 
the sum of one thousand dollars per 
annum. The said board is hereby given tho 
power to use both the principal and the in- 
come of said fund, and to manage, accumulate 
and otherwise control the same as said board 
shall provide by its bylaws, and to pay the 
annuities hereinbefore mentioned, and it 


THE CHARTER FOR THE GREATER NEW YORK. 


113 


shall have power, from time to time, to re- 
duce the amount of annuities of all benefi- 
ciaries of said fund, provided only that such 
reduction shall be at the same rate per 
centum. None of the provisions of this sec- 
tion shall apply, however, to any teacher 
in any school in the borough of Brooklyn, 
who is entitled to any benefit under the fund 
mentioned in section 1,119 of this act until 
after his removal from said borough. When 
a teacher is transferred to the borough of 
Brooklyn, a sum equal to one per cent, of the 
amount paid to such teacher during said 
teacher's service in the city of New York as 
constituted prior to the passage of this act, 
since the date on which the public school 
teachers' retirement fund of Brooklyn was 
created, shall be paid into the said Brooklyn 
retirement fund and inure to the teacher’s 
benefit in that fund under the rules governing 
the same. 

Id. Annual report to state superintendent of 

public instruction. 

Sec. 1,084. The board of education shall, 
between the first day of August and the 30th 
day of September in each year, make and 
transmit to the state superintendent of pub- 
lic instruction a report in writing for the 
state school year ending on the next preced- 
ing 31st day of July, which report shall be 
in such form and shall state such facts as 
the state superintendent and the school laws 
of the state shall require. 

Id. Annual report to mayor; other reports to 

mayor. 

Sec. 1,085. The board of education shall, 
betweeu the first day of August and the 30th 
day of November in each year, make and 
transmit to the mayor of the city of New 
York a report in writing, bearing date on the 
31st day of July next preceding, stating the 
whole number of schools within their juris- 
diction, specially designating the schools for 
colored children; the schools or societies from 
which reports shall have been made to the 
board of education, within the time limited 
for that purpose; the length of time such 
school shall have been kept open; the amount 
of public money apportioned or appropriated 
to said school or society, the number taught 
in each school, the whole amount of money 
drawn from the city chamberlain for the pur- 
poses of public education during the year 
ending at the date of their report, distin- 
guishing the amount received from the gen- 
eral fund of the state and from all other 
sources; ihe manner in whicn such moneys 
shall have been expended; and such other 
Information as the mayor may from time to 
time require in relation to common school 
education in the city of New York. The 
board of education shall make such other re- 
ports to the mayor as he may call for, and 
at such times as he shall require. 

Continuation of yearly contracts with teachers 

in territory consolidated. 

Sec. 1,086. All yearly school contracts by and 
between the local school authorities of any 
school district whose territory is so annexed 
and consolidated by this act and the teachers 
in such district, as such yearly contracts ex- 
ist at the time when this act shall take effect, 
shall in all respects continue until the expira- 
tion of the yearly term named therein, and 
shall be so continued by the board of educa- 
tion of the city of New York, through the 
proper school board. 

Removals by mayor for neglect or misconduct 

after hearing. 

Sec. 1,087. Any member of the board of edu- 
cation of a borough school board, or any in- 


spector of common schools in the city of 
New York, may be removed by the mayor of 
said city, upon proof either of official mis- 
conduct in office or negligence of official 
duties, or of conduct in any manner con- 
nected with his official duties, or otherwise, 
which tends to discredit his office or the 
school system, or for mental or physical in- 
ability to perform his duties as member or 
inspector, but before such removal of said 
member or inspector he shall receive due and 
timely notice in writing of the charges and a 
copy thereof, and shall be entitled to a hear- 
ing on like notice before the mayor and to 
the assistance of counsel on said hearing. 

Oath of appointees to school office. 

Sec. 1,088. Every person appointed to a 
school office in said city or in any borough 
thereof, shall before entering upon the duties 
of his office and wthin fifteen days of the 
time of being notified of his appointment to 
fill a vacancy, take and subscribe before the 
secretary or the clerk of the board of educa- 
tion the oath of office prescribed by the con- 
stitution of the state, and the school office 
as to which any person shall omit to take 
the oath within the time, and in the manner 
above prescribed, shall be vacant at and from 
the expiration of the fifteen days. 

Id ^Organization: secretary and employees: 

duties and bond of secretary. 

Sec. 1,089. The school board in each of the 
'boroughs shall organize on the second 
Wednesday of February next ensuing after 
the appointment of its members and choose 
a president from its own members, and elect 
its delegates, if any, to the board of educa- 
tion, and shall, from time to time, as may be 
necessary, appoint and remove subject to the 
provisions of this chapter, a secretary and 
such clerks, subordinates, and employees as 
may be required for the administrative du- 
ties of the board, and as may be authorized 
by this chapter or by the beard of education 
of tihe city of New York, and be provided 
for by the proper appropriation. The secre- 
tary shall discharge such financial duties as 
may be prescribed by the board of educa- 
tion and the controller of the city of New 
York, and he shall give a bond in such 
amount and in such form to the city of New 
York as the board of education of said city, 
with the approval of the controller, may by 
its bylaw or resolution require. 

Id. Powers and duties. 

Sec. 1,090. Each school board, subject to 
the direction and control of the board of 
education and in accord with the bylaws of 
the board of education, shall have the safe 
keeping of all the premises and other proper- 
ty used for or belonging to the schools in 
the borough. A school board shall have pow- 
er to choose and to determine the sites for 
all school buildings, and for additions thereto, 
within its jurisdiction, and it shall be its 
duty to transmit from time to time such de- 
terminations to the board of education, by 
resolutions which shall be certified and trans- 
mitted in accordance with the bylaws there- 
of. 

Each school board shall have power to 
adopt bylaws regulating the exercise of all 
powers and duties vested in i't by law, which 
bylaws, however, shall not conflict with the 
bylaws of the board of education which that 
board may be authorized by law to adopt in 
the premises, nor with the provisions cf this 
chapter. And the said school board shall have 
power to provide by such bylaws for the gov- 
ernment and management of the schools in 
the borough, for defining the duties and reg- 
ulating the exercise of the powers of its mem- 


bers and committees and of ail school offi- 
cers, the borough superintendent and asso- 
ciate superintendents, principals or teachers, 
clerks, assistants and employees, and for the 
regulation of ail disbursements from the gen- 
eral school fund in the borough, and for the 
promotion and welfare and best interest of 
all matters committed to it concerning the 
public schools and the public school system 
of the city in said borough. 

Id. Power to fix salaries. 

Sec. 1,091. Each school board shall have 
power to adopt bylaws fixing the salaries 
of the borough and associate superintend- 
ents, of principals and branch principals, and 
of all other members of the supervising and 
teaching staff, and such salaries shall be reg- 
ulated by merit, by the grade of class taught, 
by the length of service, or by the experience 
in teaching of the incumbent in charge, or 
by such a combination of these considerations 
as the school board may deem proper. 

Said salaries need not be uniform .through- 
out all the several boroughs nor in any two 
of them, nor throughout any one borough. 
The salaries fixed and established and duly 
payable in the different schools of the ter- 
ritory hereby consolidated as these salaries 
were on the first day of January, 1897, shall 
be and remain the salaries in the schools 
of the several boroughs hereby constituted, 
until the same shall be changed or modified 
as provided for in this section. 

Id. Duties of secretary: chief clerk and sec- 
retary may administer oaths. 

Sec. 1,092. The secretary of a school board 
shall have charge of the rooms, books, papers 
and documents of the board, and shall, in ad- 
dition to his duties as secretary of the 
board, perform such other duties as may be 
required of him by its members or commit- 
tees. The secretary and the chief clerk of a 
school board are hereby authorized to ad- 
minister oaths and take affidavits in all mat- 
ters pertaining to the schools of the city of 
New York in their borough, and for that pur- 
pose shall possess all the powers of a com- 
missioner of deeds, but shall not be enti- 
tled to any fees or emoluments thereof. 

Id. Power to establish kindergartens, etc. 

Sec. 1,093, A school board shall have pow- 
er to establish kindergartens, manual train- 
ing schools, trades schools and truant schools, 

Id. Power to establish evening schools, etc.: 
may establish, discontinue and consolidate 
schools in boroughs. 

Sec. 1,094. A school board shall have power 
to establish and to conduct evening schools 
and schools for colored pupils, and to regulate 
such schools, and shall have power to estab- 
lish new schools, to discontinue any school, 
or to consolidate schools in its borough, and 
to maintain, free lectures for workingmen and 
workingwomen. 

Id. Power to establish special classes for 
persons who cannot use the English language 
readily. 

Sec. 1,095. A school board shall have power 
to provide special classes, whose sessions shall 
be held at such times in the day or evening 
as said board may determine, for the purpose 
of giving instruction in the English language 
to persons who cannot use that language readi- 
ly and whose avocations are such as to pre- 
vent their attending the grammar, primary, 
or evening schools. 

Id. Power to establish high schools, etc. 

Sec. 1,096. A school board shall have power 
to provide one or more high schools and train- 


114 


THE CHARTER FOR THE GREATER NEW YORK. 


lug schools or classes for teachers in the bor- 
ough or boroughs under its charge, as it may, 
from time to time, determine, and as the ap- 
propriations may permit, and all training 
schools and all high schools heretofore estab- 
lished and maintained by the public school 
authorities and registered as high schools by 
the regents of the state of New York, shall be 
maintained in full efficiency. The said train- 
ing schools or classes shall be under the con- 
trol of the board of education and of the city 
superintendent of schools to the extent that 
may be necessary to secure compliance with 
chapter one thousand and thirty-one of the 
laws of eighteen hundred and ninety-five. 
The said high schools shall be so organized 
as to furnish the benefit of further educa- 
tion to pupils of both sexes who shall have 
finished the grammar school course, and to 
other residents of school age equally prepared, 
and the said school board shall have power 
to make, from time to time, for the said high 
schools all needful rules and regulations, and 
to prescribe conditions On which pupils shall 
be received and instructed therein and dis- 
charged therefrom. 

Id. Power to create school inspection dis- 
tricts, discretionary. Mayor appoints in- 
spectors. Terms, organization, etc., of in- 
spectors. 

Sec. 1,097. A school board in its discretion 
may divide the borough or boroughs under its 
charge into as many school inspection dis- 
tricts as it may deem necessary, which dis- 
tricts must be contiguous and, as near as may 
be, of equal population; and at once upon the 
making of such districts it shall file maps 
of the same, duly authenticated by the chair- 
man of the school board, in the office of the 
mayor of the city of New York. 

School inspection districts existing in any 
of the boroughs at the time this act takes ef- 
fect, shall continue as such until changed un- 
der the provisions of this section; and all in- 
spectors of common schools who have been 
duly appointed to serve therein shall serve 
out the terms for which they were respective- 
ly appointed and their successors shall be 
appointed by the mayor as their terms re- 
spectively expire, for the like period of five 
years. 

If any school beard, pursuant to the powers 
conferred upon it by this chapter, shall have 
divided or re-dividod its territory into school 
Inspection districts, then the mayor shall, 
within sixty days thereafter, appoint in and 
for each of the school inspection districts of 
the b; roughs so divided, five inspectors of 
common schools, to hold office respectively as 
may be designated in their letters of appoint- 
ment, for one, two, three, feur and five years 
from the first day of October next following 
their appointments. Upon the expiration of 
their respective terms the mayor shall ap- 
point their successors for the full term cf 
five years. 

Subject to the conditions of contiguity and 
c .1 a silty cf population as hereinbefore pre- 
scribed, oich school board shall have power 
every five years, if it Shall have once divided 
it- territ ry k to inspection districts, again 
to divide It, iri‘o such districts and to make 
rhargo3 in cxi ■ ~g districts, or in their num- 
ber; and if such number of districts be in- 
creased, the mayor sit'.ll forthwith appoint, in 
the same manner and with like effect as here- 
in provided, as many audit: cal inspectors of 
comm; n schccls ao may be necessary to afford 
five inspectors in each district. Such addi- 
ticna! ! aspect -rs shill be subject to the sure 
hyiav/o and regulations c govern the other 
inspectors in the same b i'o ph, ro d shall 
perform the same duties. All inspectors -f 


common schools shall serve without pay, and 
shall be residents of the districts in and for 
which they are appointed. Any vacancy in 
the office of inspector of common schools 
caused by death, resignation or otherwise, 
shall he filled by the mayor for the unexpired 
term. The inspectors appointed for the re- 
spective districts in any borough shall organ- 
ize in every year on the second Monday of 
October, by the election of two of their mem- 
bers as chairman and secretary respectively; 
and they shall meet as often as may he nec- 
essary for the efficient performance of the du- 
ties imposed upon them. 

Duties of inspectors of common schools. 

Sec. 1,098. The duties of the inspectors of 
common schools are stated and fixed to be as 
follows and not otherwise: In their respect- 
ive districts, they shall visit and inspect at 
least once in every quarter, all the schools 
in the district, in respect to punctual and 
regular attendance of the pupils and teachers, 
the number and fidelity of the teachers, the 
studies, progress, order and discipline of the 
pupils; the cleanliness, safety, warming, ven- 
tilation and comfort of school premises; and 
whether or not the provisions of the school 
laws in respect to the teaching of sectarian 
doctrines or the use of sectarian hooks have 
been violated, and shall call the attention of 
the hoard of education, or of the proper 
school hoard of the borough, as the case may 
be, without delay, to every matter requiring 
official action. Every inspector shall, on or 
before the first day of January, April, July 
and October of each year, make a written re- 
port to the proper school board in respect to 
the condition of the schools, the efficiency of 
teachers, and wants of the district, especially 
in regard to schools and school premises. 

School boards in boroughs to cause accounst 

and records to be made and kept. 

Sec. 1,099. The school boards shall cause to 
be kept, in conformity with the bylaws of the 
board of education, accurate accounts of ail 
moneys received and paid for or on account of 
the schools in its borough, and it shall not be 
lawful to expend any money received for use 
from one of the school funds for purposes pro- 
vided for in the other school fund, but all ex- 
penditures must be made conformable to the 
purposes for which. said funds were levied, col- 
lected, apportioned and distributed, and said 
board shall cause a statement to be entered 
in said accounts in conformity with said by- 
laws, of the movable property belonging to 
each school. The board of education shall 
provide the proper book or books, in form as 
required by said bylaws, and shall cause the 
class teachers under the direction and super- 
vision of the principal teacher of each school 
and department to enter the names, ages and 
residences of the scholars attending the school, 
the name of the parent or guardian of each pu- 
pil and the days on which the scholars shall 
have attended respectively, and the aggregate 
attendance of each scholar during the year, 
and also the day upon which the school shall 
have been visited by the city superintendent 
or by the borough superintendent, or by asso- 
ciate superintendents, or by members of the 
board of education, or by members of the 
school board, or by the inspectors of schools, 
if such there be in the borough, or by any of 
them, which entry shall be verified by such 
oath or affirmation of principal teacher in such 
school or department as may be prescribed by 
the beard of education. The school board 
shall preserve those books as the property of 
t’-e school, and such books shall at all times 
he on to access by members of the board of 
0(l ;ca:ion, by members of the school hoards 
and by the city superintendent, ox by any bor- 


ough superintendent, or associate superintend- 
ent, or any inspector of schools, If such there 
be in the borough. 

Id. To provide for payment of salaries to prin- 
cipals and teachers and for disbursements. 

Sec. 1,100. A school board in and for its 
own borough or boroughs and subject to the 
bylaws of the board of education of the city 
of New York shall, by its bylaw, provide 
for the payment of the salaries of all prin- 
cipals and teachers of the various schools 
under its charge; and for all disbursements 
chargeable to the general school fund appor- 
tioned to it for educational purposes there- 
in. 

Id. Annual and other reports. 

Sec. 1,101. Each school board shall make 
an annual report to the board of education 
of such matters as the board of education 
may, by its bylaws or regulations, require, 
and it shall be the duty of any school board 
to report to the board of education from time 
to time upon any subject that the board of 
education may by its resolution require. 

Id. Power to appoint and remove borough 
superintendents and associate superintend- 
ents of schools. Qualifications. 

Sec. 1,102. A school board shall have power 
by a vote of a majority of its members in 
office, to appoint a borough superintendent of 
schools for six years. It shall have power 
to appoint for a like term not more 
than one associate borough superintehdent of 
schools for the first seven hundred teachers 
in the schools under its charge, and not more 
than one additional associate borough super- 
intendent for every additional three hundred 
and fifty teachers, or fractional number 
thereof greater than one-half; provided, 
however, that there shall be, in any event, 
two associate borough superintendents in the 
boroughs of Queens and Richmond, re- 
spectively. 

The board of education shall have power 
from time to time to modify the basis of the 
number of teachers upon which the borough 
school boards may appoint associate superin- 
tendents; and if the said board of education 
shall at any time so change this basis, the 
respective school boards shall have power 
to appoint such number of associate superin- 
tendents as may be provided for by the terms 
of such new basis. 

The superintendent o'f schools appointed 
by a school board shall be known as the 
borough superintendent, and the associate 
superintendents appointed by a school board 
shall be known as associate superintendents. 
Any borough superintendent or any associate 
superintendent may be removed for cause 
at any time by a three-fourths vote of all of 
the members appointed to the school board 
by which he was appointed. 

No person shall be eligible fox election as 
ai'ty superintendent, borough superintendent 
ox associate superintendent who has not one 
of the following qualifications: (a) Gradua- 
tion from a college or university recognized 
by the University of the state of New York, 
together with at least five years of success- 
ful experience in teaching or in supervision 
since graduation; (b) Ten years’ successful 
experience as superintendent, supervising 
principal or teacher in a graded school. 

Id. Appointment and resignation of principals 
and teachers. - 

Sec. 1,103. Principals shall be appointed 
by the school hoards in their respective 
boroughs on the nomination of the board of 
borough superintendents. Principals, branch 


115 


THE CHARTER FOR THE GREATER NEW 


principals, supervisors, heads of departments, 
teachers, assistants and all other members 
of the teaching staff, shall be appointed by 
the school boards on the like nomination. 
Teachers shall be promoted or transferred 
from one class to another by the school board, 
or in accordance with Its bylaws, on the nomina- 
tion of the borough board of superintendents. 
For all purposes affecting the appointment, 
promotion or transfer of the teachers in any 
school, the principal of such school shall 
have a seat In the borough board of super- 
intendents, with a vote on all propositions 
affecting his school. 

The system or mode of nomination In this 
section provided for shall not be held to de- 
prive any school board that has been a board 
of education, of the right to appoint, to pro- 
mote and to transfer principals, teachers and 
other members of the teaching staff without 
such nomination, in any borough in which, at 
the time this act takes effect, said board of 
education enjoys such right of appointment 
without nomination by superintendents, 
until the same shall have been adopted by 
the school board of such borough. 

Tbe nominations thus provided for must be 
made from the ll3t of properly certificated prin- 
cipals and teachers and other persons eligible 
for sendee in the schools of the borough in 
the positions to be filled. The time within 
which said school hoard shall finally act upon 
said nominations, either by appointing such 
principal or teacher or other officer or by 
rejecting such nominations, is hereby fixed 
at forty days from the date of the first regu- 
lar meeting of the school board next after 
the filing of such recommendation in the 
office of the secretary of the board. The 
failure on the part of a school hoard to con- 
firm or to reject a nomination within the 
time prescribed herein shall be held as 
equivalent to the appointment of the princi- 
pal or teacher nominated. In case of a fail- 
ure or of repeated failures to appoint, other 
names shall be submitted to the school 
hoard for its consideration within two weeks 
after each failure, until an appointment is 
made.. 

Resignations of borough superintendents 
and of associate superintendents shall he 
made to the school hoard. Resignations of 
principals and teachers and of all other 
members of the teaching staff shall be made 
to the borough superintendent. 

Id. Changing grades of schools and classes. 

Fixing standard of qualification for principals 

and teachers. 

Sec. 1,104. A school hoard shall have power 
to change the grades of all schools and of all 
classes of any high school or other school 
under its charge upon the written recom- 
mendation of the borough board of superin- 
tendents, and upon the same recommendation 
to adopt and modify courses of study there- 
for. A school hoard shall also have power to 
fix a standard of qualification as a necessary 
requirement for the service of all principals 
and teachers in the high schools and 'schools 
of the borough, which requirement may be 
higher, but not lower than the minimum 
qualifications established- by the board of 
education of the city of New York. 

Id. Bylaws governing transfers of principals 

and teachers. 

Sec. 1,105. A school board shall have power 
to make bylaws governing all transfers of 
principals or of teachers from one school to 
another school in Its borough, and relative to 


the reception of any teacher transferred from 
one borough to another borough. 

Id. Transfer of unemployed principals or 
teachers. 

Sec. 1,106. A school board shall have power 
upon the written recommendation of the 
borough superintendent to transfer principals 
or teachers who may be unemployed by rea- 
son of the closing or discontinuance of any 
school, to any other school in the borough 
where a vacancy may exist. 

Id. Board of superintendents of the boroughs; 
how duties regulated. 

Sec. 1,107. A borough superintendent and 
the associate superintendents therein shall 
constitute the board of superintendents for 
the borough, to he known as the borough 
board of superintendents. A school board In 
and for its borough shall have power to pass 
bylaws regulating the duties of its borough 
superintendent, of its associate superinten- 
dents and of the board of superintendents for 
the borough. The borough superintendent 
shall preside over the board of superinten- 
dents of the borough, and all communications 
from the board shall he made In his name 
unless in any special case he may otherwise 
elect. 

General duties of borough superintendents and 
associate superintendents. 

Sec. 1,108. The borough superintendents and 
the associate superintendents shall visit every 
school In their respective boroughs, and shall 
inquire Into all matters relating to the gov- 
ernment, courses of study, methods of teach- 
ing, discipline and conduct of such schools, 
and the condition of the school houses and 
of the schools generally, and shall examine 
classes when necessary. The borough super- 
intendents shall report the result of such in- 
spections and examinations to the school 
board and to the city superintendent, who 
shall transmit such parts of said reports as 
he may consider necessary or proper to the 
board of education of the city of New York, 
and they shall also report to the city superin- 
tendent at such times, concerning such mat- 
ters and In such form as said superintend- 
ent shall require. It shall further be the duty 
of the borough superintendent, and of each 
associate superintendent, through him, to re- 
port to the school board of the borough any 
case of gross misconduct, neglect of duty or 
general inefficiency on the part of any princi- 
pal or teacher or other member of the educa- 
tional staff within his jurisdiction. 

Borough board of superintendents. List of 
principals, etc., to be kept by. Where prin- 
cipals report. 

Sec. 1,109. The borough hoard of superin- 
tendents shall keep a list of all principals 
and other teachers In the service of the board 
of education in the said' borough or boroughs, 
with the dates of their appointment, the 
grades and classes taught by them, the results 
of all inspections and examiinations, and of 
their standing as regards regularity and punc- 
tuality in attendance. Such lists shall be 
open to the inspection of teachers (as to their 
own. records only), of members of the board 
of education, of the members of the school 
board and of principals. Principals shall re- 
port to the borough superintendent at such 
times upon such matters and in such form as 
he may require. 

Id. Promotion of pupils: transfer of teachers 
by city superintendent of schools: prefer- 
ment where schools are consolidated or dis- 
continued. 

Sec. 1,110. Each borough hoard of superin- 
tendents shall establish for the schools under 


YORK. 


their charge rules and regulations for the pro- 
motion of pupils from grade to grade, from 
school to school, for graduation from all 
grades of schools, and for the transfer of pupils 
from one school to another. 

With the consent of the teacher and of the 
principal and the school beard concerned, the 
city superintendent of schools shall have 
power to transfer a teacher from a school in 
one borough to a school in another borough, 
provided that the teacher possesses the quali- 
fications to teach in the borough to which 
said teacher is to be transferred, as such 
qualifications are prescribed both by the board 
of education and by the school board of the 
borough concerned. All such transfers shall 
be reported forthwith to the school boards of 
tbe boroughs in which the schools affected ara 
•situated. 

In case of the consolidation of schools oir of 
the discontinuance of any school, principals 
and teachers of good standing, who thereby 
may be deprived of employment, shall be pre- 
ferred in appointments 'to be made in any of 
the schools of the borough. 

Id. Recommendations of and requisitions for 

text books and scholastic supplies. 

Sec. 1,111. The borough board of superin- 
tendents may recommend to the school board 
text books, apparatus and other scholastic 
supplies required in the schoolis of the bor- 
ough, which, when approved or modified by 
the school board, shall, upon us requisition, or 
upon the requisition, of the borough superin- 
tendent, made in conformity with its bylaws, 
be supplied by the board of education. Requi- 
sitions may be made by principals under regu- 
lations to be approved by the school board, and 
the same must bo approved by the borough 
super Jnten den t. 

Miscellaneous provisions as to powers and du- 
ties of borough superintendent, borough 

board of superintendents and principals. 

Sec. 1,112. Subject to the bylaws of the 
school hoard, the borough superintendent, or 
other appropriate officer, shall assign to their 
duties such special teachers in drawing, music, 
physical culture, manual training, sewing, 
cooking, kindergarten work, or other special 
branches, as the school board of the borough 
may appoint; and such teachers shall be re- 
sponsible to the principal of each school to 
which they are assigned for the performance 
of their duties therein, and shall report to 
him and also to the borough superintendent as 
these officers may respectively require, unless 
othewlse ordered by the school hoard. 

Id. Qualifications for special branches. 

Sec. 1,113. A borough superintendent shall 
have a seat in the school hoard of his borough 
with the right to speak on all matters before 
the board, but not to vote. Subject to the 
approval of the borough board of superintend- 
ents and as the bylaws of such hoard may 
prescribe, the principal of each school shall 
direct the methods of teaching in all classes 
under his charge except that the school board 
may adopt bylaws to govern in the case of 
special classes. The board of borough super- 
intendents shall have the power from time 
to time to issue syllabuses of the topics In 
the various branches *taught which shall be 
regarded as the minimum amount of work 
required in such branches. 

The borough superintendent of the boroughs 
of Queens and of Richmond respectively is 
hereby authorized, with the approval of the 
school hoard of the respective boroughs, to 
designate certain principals as supervising 
principals to aid the board of superintendents 
in their work of supervision. 

No person shall be eligible for election as 


116 


THE CHARTER FOR THE GREATER NEW YORK. 


supervisor of a special branch, as music, 
drawing, kindergarten, etc., who Is not (a) 
a graduate of a high school or of an institu- 
tion of equal or higher scholastic rank; and 

(b) a graduate from a course of professional 
training of at least one year in the special 
branch that he is to supervise or teach; and 

(c) a teacher of that special branch with at 
least three years of successful experience. 

Charges against principal and teachers and 

others; proceedings thereon. 

Sec. 1,114. A member of a school board, a 
borough superintendent, or an asociate su- 
perintendent may prefer charges to the school 
hoard against a principal, a 'branch principal, 
a supervisor, a head of department, or any 
other officer exercising supervising powers in 
the schools under their charge, or against a 
teacher in any of the schools under their 
charge, for gross misconduct, insub- 
ordination, neglect of duty, or gen- 
eral inefficiency. Pending trial, the school 
hoard may suspend said principal or teacher 
or other officer, with or without pay, and ap- 
point a substitute in his place. 

In accordance with bylaws to be passed 
by the school board, the principal of any 
school shall have the like power to suspend 
a teacher in his school, and shall forthwith 
report such suspension to the borough su- 
perintendent, who shall immediately report 
it to the school board. Pending action by 
the school board, the borough superintendent 
may appoint, a substitute in the place of any 
teacher so suspended. 

The school board, on receiving notice of 
Charges under the provisions of either of the 
foregoing paragraphs, shall immediately pro- 
ceed 'to try and determine the case, either in 
the board or by a committee of its 'body, and 
shall fix the fine, penalty, or punishment, if. 
any, that should he imposed for the offense; 
and such fine, penalty or punishment shall 
consist of a fine, in suspension for a fixed 
time without pay, or in dismissal. The re- 
port of any committee holding such trial Shall 
be subject to final action by the beard, which 
may reject, confirm, or modify the conclu- 
sions of the committee, and the decision of 
the board shall be final, except as to matters 
in relation to which, under the general school 
laws of the state, an appeal may be taken 
to the state superintendent of public instruc- 
tion. In case the principal or other officer 
or teacher is acquitted, he shall be restored 
to his position with full pay for the period 
of suspension. In all trials authorized by 
this chapter, all testimony taken shall be un- 
der oath, which t'be president of the board 
or chairman of the committee conducting the 
trial is hereby authorized bo administer, and 
the supreme court shall have power, upon the 
application of such president or chairman, to 
compel any witness who may he summoned, 
to appear and testify before said board or 
committee. 

Powers of investigation. 

Sec. 1,115. The board of education or any 
school hoard may investigate, of its own 
motion or otherwise, either in the board 
or by a committee of its own body, any sub- 
ject of which it has cognizance or over which 
it has legal control, including the conduct of 
any of its members or employees; and for the 
purpose of such investigation, such board or 
its president, or committee and its chairman, 
shall have and may exercise all the powers 
which a school board has or may exercise 
in the case of a trial under section 1,114 of 
this act. Any action or determination of a 
committee appointed under the provisions of 
this section shall be subject to approval or 
reversal by the board appointing it, which 
may also modify the determination of the 


committee in such way as the board shall 
deem proper and just, and the judgment of 
the board thereon shall be final. 

Borough superintendent. Enforcing compul- 
sory education law. Nominating, assigning, 
suspending and discharging clerks. 

Sec. 1,116. The borough superintendent shall 
■enforce the compulsory education law, and 
shall nominate attendance officers to the 
school board, and shall direct such officers in 
their duties. He may suspend or discharge 
and such officer for cause, but such officer 
shall have the right of appeal to the school 
board. He shall nominate to the school hoard 
such clerks as may be required in his office 
and as may be authorized by the school board, 
and he shai! assign them to their various du- 
ties. He may suspend or discharge them for 
cause, but in such case the clerks shall have 
the right of appeal to the school board. 

Continuation in office of all employes under the 
public school system of any part of the ter- 
ritory consolidated. 

Sec. 1,117. All superintendents, assistant or 
associate superintendents, and all principals, 
teachers and other members of the education- 
al staff in the public school system of any 
part of the city of New York as constituted 
by this act, shall continue to hold their re- 
spective positions and to he entitled to such 
compensation as is now provided or may 
hereafter ’be provided by the various school 
boards, subject to the limitations of this act 
and to reassignment or to removal for cause, 
as may be provided by law. On the first day 
of February, 1898, the city superintendent of 
schools in the city of New York as constituted 
prior to the passage cf this act, shall be and 
become the superintendent of schools of the 
boroughs of Manhattan and the Bronx; and 
the assistant superintendents of the city of 
New York as then constituted, shall be and 
become associate superintendents of the bor- 
oughs of Manhattan and the Bronx; the su- 
perintendent cf public instruction of the city 
of Brooklyn as constituted prior to the pas- 
sage of this act, shall be and become the su- 
perintendent of schools of the borough of 
Brooklyn; and the associate superintendents 
of the city of Brooklyn as then constituted, 
shall become associate superintendents of the 
borough of Brooklyn. The duties of all of 
these officers, on and after February 1, 1898, 
shall he entirely defined and limited by ihe 
provisions of this act. All persons transfer- 
red by this section to the service of the con- 
solidated city who hold office for definite 
terms, shall be transferred f-or the remainder 
of their respective terms only. 

School money appropriation by the state to the 
public schools of the city. 

Sec. 1,118. Whenever the clerk of the city 
shall receive notice from the state superin- 
tendent of public instruction of tbe amount 
■of moneys apportioned to the city of New 
York for the support and encouragement of 
common schools therein, he shall immediate- 
ly lay the same before the municipal assem- 
bly of said city; and the chamberlain of the 
said city shall apply for and receive the 
school moneys apportioned to the said city 
as soon as the same becomes payable, and 
place the same in the city treasury. 

School board of the borough of Brooklyn to con- 
trol and administer the public school teach- 
ers' retirement fund created by chapter 656, 
laws of 1895. Composition of fund. Re- 
tirement and pensions of teachers. 

Sec. 1,119. The school board of the borough 
of Brooklyn is hereby given the full care and 


management of the public school teachers’ 
retirement fund, created 'by chapter six hun- 
dred and fifty-six of the laws of 1895. When 
a teacher is transferred to another borough 
having a teachers’ retirement fund, his or 
her contribution may be paid Into the said 
fund and inure to the teacher’s benefit In 
that fund under the rules governing the same. 

TITLE 2. 

THE COLLEGE OF THE CITY OF NEW 
YORK. 

To continue as a separate corporation. 

Sec. 1,127. The College of the City of New 
York shall continue to be a separate and dis- 
tinct organization and body corporate, and as 
such shall have the powers and privileges of 
a college, pursuant to the revised statutes of 
this state, and be subject to the provisions of 
the said statutes relative to colleges, and to 
the visitation of regents of the university. In 
like manner with the other colleges of the 
state. 

Trustees. 

Sec. 1,128. The members of the board of 
education of the city of New York, together 
with the president of the college, shall he ex- 
officio the trustees of the said college, and 
shall have and possess the powers conferred 
upon, and be subject to the duties required of 
the trustees of colleges by the revised 
statutes. The president of the college shall 
be a member of the executive committee of 
the said trustees for its care, government and 
management. 

Laws applicable. 

Sec. 1,129. All acts of the legislature, which 
were In force on March thirtieth, eighteen 
hundred and sixty-six, in regard to the free 
academy, and to its control, management, 
support and affairs, noit since modified or 
repealed, and which are not inconsistent 
with the provisions of this act, and all laws 
in force at the time this act takes effect rela- 
tive to the College of the City of New York, 
not inconsistent with this act, are hereby de- 
clared to be applicable to the said college. 

Participation in state literature and other 

funds. 

Sec. 1,130. The College of the City of New 
York shall be entitled to participate In the 
distribution of the income of the literature 
and other funds In the same manner and upon 
the same conditions as the other colleges of 
the state, and the regents of the University 
of the State of New York shall pay annually 
to the controller of the city of New York, as 
trustee for said college, the distributive share 
of the said funds to which the said College of 
the City of New York shall, by law, he enti- 
tled, and which shall be applied and expended 
for library books for the said college. 

Duty of trustees to report. 

Sec. 1,131. It shall be the duty of the trus- 
tees of said college, annually on or before the 
first day of September, to report to the board 
of estimate and apportionment such sum, 
not exceeding one hundred and seventy-five 
thousand dollars In any one year, as they may 
require for tho payment of the salaries of the 
professors and officers of said college; for ob- 
taining and furnishing scientific apparatus, 
books for the students and all other neces- 
sary supplies therefor; for repairing and alter- 
ing the college buildings; and for the support, 
maintenance and general expenses of said 
college; and the said board of estimate and ap- 
portionment and the municipal assembly of 
the city of New York are hereby authorized 


THE CHARTER FOR THE GREATER NEW YORK. 


117 


and directed in each and every year to raise 
and collect by tax on the estate, real and 
personal, liable to taxation in said city, such 
sum of money, not exceeding the amount 
aforesaid, as may be reported to them by said 
trustees; the amount so to be raised and col- 
lected to be in addition to the sums required 
for the purposes of common schools in the 
city of Netw York under the act entitled “An 
Act to amend, consolidate and reduce to one 
act the several acts of the state of New. York 
relative to the common schools of the city 
of New York,” passed July 3d, 1851, and 
the several acts amendatory thereto. 

Upon the recommendation of the trustees 
the board of estimate and apportionment and 
the municipal assembly may Increase, from 
time to time, the amount annually to be raised 
in the tax levy for the maintenance of the 
College of the City of New York. 

Instruction to be furnished gratuitously: de- 
grees and diplomas. 

Sec. 1,132. The board of education, as trus- 
tees of said college, shall continue to furnish, 
through the College of the City of New York, 
the benefit of education, gratuitously, to boys 
who have been pupils in the common schools 
of the city, and to all other male students 
who are actual residents of said city, and who 
are qualified to pass the required examination 
for admission to said college. And the trus- 
tees, upon the recommendation of the faculty 
or the said college, may grant the usual de- 
grees and diplomas in the arts to such per- 
sons as shall have completed a full course 
of study in the said college. 

Reports by trustees to be furnished. 

Sec. 1,133. The trustees of the College of the 
City of New York shall make and transmit, 
annually, on or before the first day of Feb- 
ruary in each year, to the municipal assembly, 
and also to the secretary of the board of re- 
gents of the University of the State of New 
York, a report, dated on the thirty-first day 
of December next preceding, which report 
shall state the names and ages of all the 
pupils instructed in such college during the 
preceding year, and the time that each was 
so instructed, specifying which of them have 
completed a full course of study therein, 
and which have received degrees, medals and 
other special testimonials, a particular state- 
ment of the studies pursued by each pupil 
since the last preceding report, together with 
the books such student shall have studied, 
in whole or in part, and if in part, what 
portion; an account or estimate of the library, 
philosophical and chemical apparatus, and 
mathematical or other scientific instruments 
belonging to such college; the names of the 
instructors employed in said college and the 
compensation paid to each; what amount of 
moneys the board of education received dur- 
ing the year for the purposes of such college, 
and from what sources, specifying how much 
from each, and the particular manner and the 
specific purposes for which such moneys have 
been expended; and such other information 
in relation to education in the said college, 
and the measures of the beard of trustees in 
the management thereof, as the municipal 
assembly, or the regents of the University 
of the State of New York may, from time to 
time, require. 

TITLE 3. 

THE NORMAL COLLEGE. 

The Normal college of the city of New York, a 

corporation and college. 

Sec. 1,139. The Normal College of the City 
of New York is hereby declared to be a 
separate and distinct organization and body 


corporate, and as such shall have the power 
and privileges of a college pursuant to the 
revised statutes of this state, and be subject 
to the provisions of the said statutes rela- 
tive to colleges, and to the visitation of the 
regents of the university, in like manner with 
the other colleges of the state. 

Id. Trustees, powers and duties of trustees. 

Sec. 1,140. The members of the board of 
education of the city of New York, together 
with the president of the Normal college, 
shall be ex-officio the trustees of said col- 
lege and shall have and possess the powers 
conferred upon and be subject to the duties 
required of the trustees of colleges by the 
revised statutes. The president of the col- 
lege shall be a member of the executive 
oommit'tee of 'the said trustees for its care, 
government and management. 

Id. Laws applicable to. Participation in state 

literature and other funds. 

Sec. 1,141. All acts of the legislature now 
in force with regard to the said Normal col- 
lege, its control, .management, support and 
affairs, not inconsistant with the provisions 
of this act, are hereby declared to be appli- 
cable to said college. The Normal College 
of the City of New York shall be entitled to 
participate in the distribution of the income 
of the literature and other funds of the 
state in the same manner and upon the 
same conditions as the other colleges of the 
state, and the regents of the University of 
the state of New York shall pay annually 
to the controller of the city of New York, 
as trustee for said college, the distributive 
share of the said funds to which the said 
Normal college of the city of New York 
shall by law be entitled and which shall be 
applied and expended for library books for 
said college. 

Id. Trustees to report annually the amount 

required to pay salaries, etc. Such amount 

to be raised by taxation. Municipal assem- 
bly may increase amount named herein. 

Sec. 1,142. It shall be the duty of the trus- 
tees of said college annually on or before the 
fifteenth day of October to report to the board 
of estimate and apportionment such sum not 
exceeding one hundred and fifty thousand dol- 
lars in any one year, as they may require 
for the payment of the salaries of the pro- 
fessors and officers of the said college, for ob- 
taining and furnishing scientific apparatus, 
books for the students and all other necessary 
supplies therefor, for repairing and altering 
the college buildings, and fer the support, 
maintenance and general expenses of said col- 
lege; and the said board of estimate and ap- 
portionment, and the municipal assembly of 
the city of New York are hereby authorized 
and directed, in each and every year to raise 
and collect by tax on the estate, real and 
personal, liable to taxation in said city and 
county, such sum of money, not exceeding the 
amount aforesaid, as may be reported to them 
by said trustees, the amount so to be raised 
and collected to be in addition to the sums re- 
quired for the purposes of common schools 
in the city of New York, under the act en- 
titled “An act to amend, consolidate and re- 
duce to one act the several acts of the state 
of New York, relative to common schools of 
the city of New York,” passed July third, 
eighteen hundred and fifty-one, and the several 
acts amendatory thereto. Upon the recom- 
mendation of the trustees, the board of esti- 
mate and apportionment and the municipal 
assembly may increase from time to time the 


amount annually to be raised in the tax levy 
for the maintenance of the normal college. 

Id. Instruction to be furnished gratuitously. 

Degrees and diplomas. 

Sec. 1,143. The said board of education as 
trustees of said college shall continue to fur- 
nish through the Normal College of the City 
off New York, the benefit of education gratu- 
itously to girls who have been pupils in the 
common schools of the city of New York 
as constituted by this act for a period of time 
to be regulated by the board of trustees of 
said college, and to all other girls who are 
actual residents of said city, and who are 
qualified to pass the required examination 
for admission to said college; and the board 
of trustees upon the recommendation of the 
faculty of the said college, may grant the 
usual degrees and diplomas in the arts to 
such persons as shall have completed a full 
course of study in the said college. The said 
board of trustees shall give normal instruc- 
tion in manual training for the purpose of 
preparing teachers of manual training for the 
common schools. 

Id. Annual report of trustees. 

Sec. 1,144. The trustees of the Normal Col- 
lege of the city of New York shall make and 
transmit annually, on or before the first day 
of February in each year, to the municipal 
assembly and also to the secretary of the 
board of regents of the University of the 
State of New York, a report dated on the 
last secular day of December, next preced- 
ing, which report shall state the names and 
ages of all the pupils instructed in said col- 
lege during the preceding year, and the time 
that each was so instructed, specifying which 
of them have completed a full course of 
study therein, and which have received de- 
grees, medals and other special testimonials; 
a particular statement of the studies pursued 
by each pupil since the last preceding report 
together with the books such student shall 
have studied, in whole or in part, and if in 
part, what portions; an account or estimate 
of the library, philosophical and chemical 
apparatus and mathematical or other scien- 
tific instruments belonging to said college; 
the names of the instructors employed in said 
college and the compensation paid to each; 
what amount of moneys the board of trustees 
received during the year for the purposes 
of said college, and from what source, speci- 
fying how much from each, and the partic- 
ular manner and the specific purposes for 
which such moneys have been expended, and 
such other information in relation to educa- 
tion in the said college, and the measures of 
the board of trustees in the management 
thereof, as the board of education or the 
regents of the University of the State of New 
York may from time to time require. 

Id. Money appropriated for to be expended 

when required by trustees. Contracts by 

trustees. 

Sec. 1,145. The moneys apportioned to the 
board of education of said city of New 
York by the board of estimate and appor- 
tionment and municipal assembly for the 
payment of the salaries of the professors and 
officers of said college, for obtaining and 
furnishing scientific apparatus, books for the 
students and all other necessary supplies 
therefor, for repairing and altering the col- 
lege buildings, and for the support, main- 
tenance and general expenses of said college, 
shall be expended for said normal college 
when required by the trustees of the normal 
college of the city of New York, with the 
same right, power and authority as if the 
said college were under the control of Uu t 


118 THE CHARTER FOR THE GREATER NEW 


board of education of the city of New York. 
All contracts entered into, or liabilities in- 
curred by said trustees involving the expen- 
diture of more than one thousand dollars, 
except agreements for the payment of sal- 
aries, shall be entered into and incurred in 
the manner and subject to the restrictions 
and limitations provided as to other expen- 
ditures of public moneys as provided for 
In this act. 

TITLE 4. 

GENERAL PROVISIONS. 
Religious sects and dogmatic books excluded: 

Bible retained. 

Sec. 1,151. No school shall be entitled to or 
receive any portion of the school moneys 
in which the religious doctrines or tenets 
of any particular Christian or other religious 
sect shall be taught, inculcated or practiced, 
or in which any book or books, containing 
compositions favorable or prejudicial to the 
particular doctrines or tenets of any partic- 
ular Christian or other religious sect shall 
be used, or which shall teach the doctrines 
or tenets of any other religious sect, or 
which shall refuse to permit the visits and 
examinations provided for in this chapter. 
But ..nothing herein contained shall author- 
ize the board of education or the school 
board of any borough to exclude the holy 
scriptures, without note or comment, or any 
selections therefrom, from any of the schools 
provided for by this chapter, but it shall 
not be competent for the said board of edu- 
cation to decide what version, if any, of the 
holy scriptures, without note or comment, 
shall be used in any of the schools; provided 
that nothing herein contained shall be so con- 
strued as to violate the rights of conscience, 
as secured by the constitution of this state 
and of the United States. 

Certain private schools authorized to par- 
ticipate in common school fund. 

Sec. 1,152. The school established and main- 
tained, by the Five Points House of Industry, 
In the city of New York, the school estab- 
lished and maintained by the Ladies’ Home 
Missionary society of the Methodist Episcopal 
church, at the institution in Park street, near 
the place usually called the Five Points, in 
the said city, and the industrial schools es- 
tablished and maintained under the charge of 
the Children’s Aid society, in the city of New 
York, shall participate through the school 
board of the boroughs of Manhattan and the 
Bronx, in the distribution of the common 
school fund in the same manner and degree 
as the common schools in the city of New 
York, and shall be subject to the same regula- 
tions and restrictions as are now by law im- 
posed on the common schools of New York. 

Id. Jo report as to moneys and attenoance. 

Sec. 1,153. The board of education shall 
require from the officers conducting schools 
by appointment of the board, and from the 
trustees, managers, or directors of the cor- 
porate schools entitled to participate in the 
apportionment of school moneys, a report in 
all respects similar to that heretofore re- 
quired in the city of New York from the 
trustees of each ward. And in making the 
apportionment among the several schools, no 
share shall be allotted to any school or so- 
ciety from which no sufficient annual report 
shall have respects similar to that formerly 
required in the city of New York as constitut- 
ed prior tb the passage of this act from the 
trustees of each ward. And in making the 
apportionment among the several schools, no 
share shall be allotted by any school board 
to any school or society from which no suffi- 
cient annual report shall have' been received, 


for the year ending on the last day of June 
immediately preceding the apportionment. 

Certain additional private schools authorized 

to participate in school funds. 

Sec. 1,154. The New York orphan asylum 
school, the Roman Catholic orphan asylum 
school, the schools of the two half orphan 
asylums, the school of the Society for the Re- 
formation of Juvenile Delinquents, in the city 
of New York, the School for the Leake and 
Watt’s Orphans House, the school connected 
with the alms house of said city, the school 
of the Association for the Benefit of Colored 
Orphans, the schools of the American Female 
Guardian Society, the school established and 
maintained by the New York Juvenile Asylum, 
by the New York Infant asylum, by the Nurs- 
ery and Child’s hospital, including the coun- 
try branch thereof; the orphan asylums and 
industrial schools as existing in the city of 
Brooklyn at the time of the passage of this 
act, and the several schools and branches 
thereof, the schools organized under the act 
entitled “An act to extend to the city and 
county of New York the provisions of the gen- 
eral act in relation to common schools, passed 
April 11, eighteen hundred and forty-two,” 
or an act to amend the same, passed April 
18, eighteen hundred and forty-three, 
or an act entitled “An act more effectually 
to provide for common school education in the 
city and county of New York, passed May 
7, eighteen hundred and forty-four,” or any of 
the acts amending the same, and such schools 
as may be organized under the provisions of 
this chapter shall be subject to the general 
supervision of the board of education, and 
shall be entitled, through the proper school 
boards, to participate in the apportionment of 
the school moneys, as provided for in this 
chapter, but they shall be under the immedi- 
ate direction of their respective trustees, man- 
agers and directors, as herein provided. 

Id. Accidental omission to report. 

Sec. 1,155. Whenever an appointment of the 
public money shall not be made to any sctiool, 
in consequence off any accidental omission to 
make any report required by law, or to com- 
ply with any other regulation o-r provision of 
law, the board of education may, in its dis- 
cretion, direct an apportionment to be made 
to such school, according to the equitable 
circumstances of the case, to be paid out of the 
public money on hand, or if the same shall 
have been distributed out of the public money 
to be received in a succeeding year. 

Id. Trustees of such schools may convey to 
corporation and become merged. 

Sec. 1,156. The trustees, managers, and di- 
rectors of any of the corporate schools en- 
titled to participate in the apportionment of 
the school moneys, may, at any time, convey 
their school houses and sites to the corpora- 
tion of tne city of New York, and transfer 
any of their schools to the board of education, 
on the terms and in the manner to be agreed 
upon and prescribed by the board of education 
so as either to merge the said schools in the 
public schools or adopt them as public schools; 
and the same shall then be public schools, 
subject to all the rules, duties, and liabilities, 
and enjoy the same rights as if they had been 
originally established as public schools. 

Nautical school to be established. 

Sec. 1,157. The board of education is au- 
thorized and directed to provide and maintain 
a nautical school in said city, for the educa- 
tion and training of pupils in the science and 
practice of navigation; to furnish accommoda- 
tions for said school, and make all needful 


YORK. 


rules and regulations therefor, and for the 
number and compensation of instructors and 
others employed therein; to prescribe the gov- 
ernment and discipline thereof, and the terms 
and conditions upon which pupils shall be 
received and instructed therein, and discharg- 
ed therefrom, and provide in all things for 
the good management of said nautical school. 
And said board shall have power to purchase 
the books, apparatus, stationery, and other 
things necessary or expedient to enable said 
school to be properly and successfully con- 
ducted, and may cause the said school or the 
pupils, or part of the pupils, thereof to go on 
board vessels in the harbor of New York, and 
take cruises in or from said harbor for the 
purpose of obtaining a practical knowledge 
in navigation and of the duties of mariners. 
And the said board are hereby authorized to 
apply to the United 'States government for 
the requisite use of vessels and supplies for 
the purpose above mentioned. 

Nautical school; management of. 

Sec. 1,158. The said board of education shall 
appoint annually at least three of their num- 
ber who shall, subject to the control, super- 
vision and approbation of the board, consti- 
tute an executive committee, for the care, 
government and management of such nautical 
school, under rules and regulations so pre- 
scribed, and whose duty it shall be, among 
other things, to recommend the rules and 
regulations which they deem necessary and 
proper for such school. 

Id. Chamber of commerce to appoint committee 

to serve as council. 

Sec. 1,159. The chamber of commerce of 
New York is authorized to provide for and ap- 
point a committee of Its members to serve 
as a council of the nautical school, whose duty 
it shall be, as far as may be, to advise and 
co-operate with the board of education in the 
establishment and management of such school 
and from time to time to visit and examine 
the same, and to communicate in respect 
thereof, with the board of education, or such 
executive committee thereof, and to make re- 
ports to the chamber of commerce, which may 
transmit to the state superintendent of public 
instruction such reports, or any thereof, or an 
abstract of the same, with such recommenda- 
tions as may be deemed advisable. 

Id. Expenses. 

Sec. 1,160. After the establishment and or- 
ganization of the said school, the expenses 
thereof, and of carrying out the provisions of 
this chapter, shall be defrayed from the mon- 
eys raised by law for the support of common 
schools in the city of New York. 

New York institution for the blind. 

Sec. 1,161. The board of education is hereby 
authorized and required to distribute to the 
managers of the New York Institution for the 
Blind a ratable proportion of the said school 
fund to every blind pupil in said institution, 
without regard to age. 

CHAPTER XIX. 

DEPARTMENT OF HEALTH. 

Title 1. Powers and duties of the depart- 
ment, its officers and adminis- 
tration. 

Title 2. Marriages, births and deaths. 

Title 3. Duties of physicians and others. 

Title 4. Legal proceedings and punish- 
ment for disobedience of orders 
and ordinances. 

Title 5. Reimbursement of expenses. 


THE CHARTER FOR THE GREATER NEW YORK. 


110 


Title 6. Abatement by suit. 

Title 7. Tenement and lodging houses. 
Title S. Pension fund. 

TITLE I. 

ORGANIZATION, administration, 
AUTHORITY, DUTIES AND POW- 
ERS OF DEPARTMENT. 

The board of health the head of the department 
of health. 

Section 1,167. The head of the department 
of health Khali he called the board of health. 
Said heard shall consist of the president of 
the hoard of police, the health officer of the 
port, and three officers called commissioners 
of health, who shall'be appointed by the may- 
or, and shall hold their respective offices as 
provided in chapter IV of this act as desig- 
nated by the mayor. 

Authority, duty and powers of the board of 
health. 

Sec. 1,168. The authority, duty, and powers 
of the department of health shall extend over 
the city of New York, and the waters adja- 
cent thereto, within the jurisdiction of said 
city, and over the waters of the bay within 
the quarantine limits as established 'by law, 
but shall not 'be held to interfere with the 
powers and duties of the commissioners of 
quarantine or the health officer of the port. 
It shall be the duty of the department of 
health to make 'an annual report to the mayor 
of the city of New York, of all the operations 
of the department for the previous year. The 
mayor may at any time call for a fuller report, 
or for a report upon any portion of the work 
of said department, whenever he may deem 
it to be for the public good so to do. 

All the authority, duty and powers here- 
tofore conferred or enjoined upon the health 
departments, boards of health, health and 
sanitary officers in any of the municipal and 
public corporations or parts thereof, in any 
of the territory now within or hereafter to 
become a part of the city of New York, as 
constituted by this act, and within the juris- 
diction of said city, by chapter seventy-four 
of the laws of eighteen hundred and sixty- 
six, and the several acts amendatory thereof, 
and by any other subsequent laws of this 
state, and upon the several officers and mem- 
bers of said boards, by the laws constituting 
and appointing all such departments, 
boards of health, and sanitary officers 

and members of said boards, by the 

laws constituting and appointing all 

such departments, boards of health, and san- 
itary officers, and giving and granting to 
them, or any of them, duties and powers not 
Inconsistent with the provisions of this act, 
are hereby conferred upon and vested in and 
enjoined upon, and shall hereafter be ex- 

clusively exercised in the city of New York 
by the department of health, and board of 
health, created by this act, and by the officers 
of said board of health and the said depart- 
ment of health, and the same are to be ex- 
ercised in the manner specified in said chap- 
ter seventy-four of the laws of eighteen hun- 
dred and sixty-six, and the several acts 
amendatory thereof, and by any other subse- 
quent laws of the state relative to health and 
sanitary matters, and the prevention of pes- 
tilence and disease in said city of New York, 
or in any part thereof, and In conformity 
with the provisions of this act. 

Duty of board as to enforcement of laws. In- 
formation. 

Sec. 1,169. It shall be the duty of said board 
of health to aid in the enforcement of, and 
■o far as practicable, to enforce all laws of 


this state, applicable in said district, to the 
preservation of human life, or to the care, 
promotion or protection of health; and said 
board may exercise the authority given by 
said laws to enable it to discharge the duty 
hereby imposed; and this section is intended 
to include all laws relative to cleanliness, 
and to the use or sale of poisonous, unwhole- 
some, deleterious, or adulterated drugs, medi- 
cine or food, and the necessary sanitary su- 
pervision of the purity and wholesomeness 
of the water supply and the sources thereof 
for the city of New York. And said board is 
authorized to require reports and Information 
at such times and of such facts, and gener- 
ally of such nature and extent, relative to the 
safety of life and promotion of health as its 
bylaws or rules may provide, from all public 
dispensaries, hospitals, asylums, infirmaries, 
prisons and schools, and from the managers, 
principals and officers thereof; and from all 
other public institutions, their officers and 
managers, and from the proprietors, man- 
agers, lessees, and occupants of all theaters 
and other places of public resort or amuse- 
ment in said district; but such reports and in- 
formation shall only be required concerning 
matters, or particulars, in respect of which, 
it may, in its opinion, need information, for 
the better discharge of its duties in said city 
of New York and every part thereof. 

It is hereby made the duty of the officers, 
institutions and persons so called on, or re- 
ferred to, to promptly give such Information 
and make such reports verbally or in writ- 
ing as may be required by said board. 

The board of health shall use all reasonable 
means for ascertaining the existence and 
cause of disease or peril to life or health 
and for averting the same throughout said 
city and shall promptly cause all proper in- 
formation in possession of said board to be 
sent to the local health authorities of any 
city, village or town in this state which may 
request the same and shall add thereto such 
useful suggestions as the experience of said 
board may supply. 

It shall be the duty of said board, so far 
as it may be able, without serious expense, 
to gather and preserve such information and 
facts relating to death, disease and health 
from other parts of this state, but especially 
in said city, as may be useful in the dis- 
charge of its duties and contribute to the 
promotion of health or the security of life 
in the state of New York. 

It shall be the duty of said board to give 
all information that may be reasonably re- 
quested concerning any threatened danger 
to the public health to the health officer of 
the port of New York and .to the commis- 
sioners of quarantine of said port; who shall 
give the like information to said board; and 
said board and said officers and quarantine 
commissioners shall, so far as legal and 
practicable, co-operate together to prevent 
the spread of disease and for the protection 
of life and the promotion of health 
within the sphere of their respective duties. 
Said board may grant bills of health to 
masters of vessels, certifying to the condi- 
tion of the city in respect of health. 

Hospitals. 

Sec. 1,170. Said board may remove or cause 
to be removed to a proper place, to be by it 
designated, any person sick with any con- 
tagious, pestilential or infectious disease; 
shall have exclusive charge and control of the 
hospitals for the treatment of such cases, and 
shall have power to provide and pay for 
the use of proper places to which to remove 
such persons as well as to designate such 
places. The board" of health is authorized and 
empowered to erect, establish, maintain and 


furnish, upon North Brothers island and in 
such other places within the city of New York 
as are now used for such purposes, buildings 
and hospitals for the care and treatment of 
persons sick with contagious diseases, and 
shall have the exclusive charge and control 
of the said buildings and hospitals. It shall 
have power to take possession of 
and occupy for temporary hospitals any 
building or buildings in the* said city, 
during the prevalence of an epidemic, 
if in the judgment of the board the 
same may be required, and shall pay for pri- 
vate property so taken a just compensation 
for the same. Said board may cause proper 
care and attendance to be given to persons 
sick or removed, when it shall be made to ap- 
pear to the said board that any such person 
is so poor as to be unable to procure for 
himself such care and attendance, or that 
the public health requires special medical 
care and attendance. The board of health 
may send to such place as it may direct, all 
aliens and other persons in the city, not resi- 
dents thereof, who shall be sick of any in- 
fectious, pestilential or contagious disease. 
The expense of the support of such aliens 
or other persons shall be defrayed by the 
corporation of the city of New York, unless 
such aliens or other persons shall be entitled 
to support from the commissioners of emigra- 
tion. No person shall remove any person sick 
with infectious, contagious or pestilential 
disease from any vessel or other place in 
said city without a written permit from the 
board of health. 

Repairs of building. 

Sec. 1,171. The powers of the board of health 
shall be construed to include the ordering and 
enforcing in the same manner as other or- 
ders are provided to be enforced, the repairs 
of buildings, houses and other structures; 
the regulation and control of all public mar- 
kets (so far as relates to the cleanliness, ven- 
tilation and drainage thereof, and to the 
prevention of the sale or offering for sale 
of improper articles therein); the removal of 
any obstruction, matter or thing in or upon 
the public streets, sidewalks or places which 
shall be in its opinion liable to lead to re- 
sults dangerous to life or health; the pre- 
vention of accidents by which life or health 
may be endangered, and generally the abat- 
ing of all nuisances. It is hereby expressly 
declared that the said board of health shall 
have and possess full and complete power 
with reference to the ventilation, drainage and 
cleanliness of the stands or stalls in or 
around all markets, and said board shall have 
in said city all common law rights to abate 
any nuisance without suit, which can or does 
in this state belong to any person whatever. 

Sanitary code. 

Sec. 1,172. The sanitary code adopted and 
declared as such at the meeting of the board 
of health of the health department of the 
city of New York, held In the city as for- 
merly constituted and bounded on the second 
day of June, one thousand eight hundred and 
seventy-three, as amended in accordance with 
law, is hereby declared to be binding and in 
force in the city constituted by this act, and 
shall continue to be so binding and in force, 
except as the same may, from time to time, 
be revised, altered, amended ox annulled by 
the board of health as herein provided. And 
it shall be the duty of said board, immediate- 
ly upon organization under this act, to cause 
to be conformed to this title the sanitary code 
of ordinances, adopted by the existing de- 
partment of health, and the departments and 
boards of health existing in the several ports 
of the city of New York before the passage of 
this act, which shall be called the sanitary 


120 


THE CHARTER FOR THE GREATER NEW YORK. 


code. Said board of health is hereby au- 
thorized and empowered, from time to time, 
to add to or to alter, amend or annul any part 
of the said sanitary code, and may therein 
publish additional provisions for the security 
of life and health in the city of New York and 
distribute appropriate powers and duties to 
the members and employes of the department 
of health, not inconsistent with the constitu- 
tion or laws of this state. The board of 
health may embrace therein all matters and 
subjects to which, and so far as, the power 
and authority of said department of health 
extends, not limiting their application to the 
subject of health only. But no such revis- 
ion, alteration or amendment shall take ef- 
fect or be binding or in force, until the same 
has been published once a week for two suc- 
cessive weeks in the City Record. The pub- 
lication of additional provisions in, and of, 
additional ordinances of the sanitary code 
once a week for two successive weeks in the 
City Record shall be sufficient, and render 
any further publication of the same in any 
other newspaper unnecessary. Any violation 
of said code or its amendments shall be 
treated and punished as a misdemeanor, and 
the offender shall also be liable to pay a 
penalty of fifty dollars, to be recovered in 
a civil action in the name of the department 
of health of the city of New York, before any 
Justice or tribunal in said city, having juris- 
diction of civil actions; and all such justices 
and tribunals shall take jurisdiction of such 
action. 

Copies of the record of the proceedings of 
said board, . of its rules, regulations, ordi- 
nances, bylaws and books and papers' consti- 
tuting part of its archives, and the sanitary 
Code, now or hereafter in force in said city, 
and the ordinances of the sanitary code added 
thereto and adopted by said board of health, 
when authenticated by its secretary, or secre- 
tary pro tem., shall be presumptive evidence, 
and the authentication taken as presump- 
tively correct in any court of justice, or judi- 
cial proceeding, when they may be relevant 
to the point or matter in controversy, of the 
facts, statements, and recitals, therein con- 
tained. 

Judicial notice of seal and presumptions. 

Sec. 1,173. The actions, proceedings, author- 
ity and orders of said board of health shall 
at all times be regarded as in their nature 
judicial, and be treated as prima facie just 
and legal. All meetings of said board shall 
in every suit and proceeding be taken to have 
been duly called and regularly held, and all 
orders and proceedings to have been duly 
authorized, unless the contrary be proved. 
All courts shall take judicial notice of the 
seal of said board and of the signature of its 
secretary and chief clerk. 

Seal. 

Sec. 1,174. The board of health may design 
and adopt a seal, and use the same in the 
authentication of its orders and proceedings, 
commissioning its officers and agents, and 
otherwise, as the rules of the board may pro- 
vide. Said board may enact such bylaws, 
rules and regulations' as it may deem advis- 
able, in harmony with the provisions and pur- 
poses of this chapter, and not inconsistent 
with the constitution or laws of this state, 
for the regulation of the action of the said 
board, its officers and agents, in the dis- 
charge of its and their duties, and from time 
to time may alter, annul or amend the same. 

Publication of reports and statistics. 

Sec. 1,175. The board of health may estab- 
lish as it shall deem wise, and to promote 
the public good and public service, reasonable 
regulations as to the publicity of any of the 


papers, files, reports, records and proceedings 
of the department of health; and may pub- 
lish such information as may, in its opinion, 
be useful, concerning births, deaths, mar- 
riages, sickness, and the general sanitary 
conditions of said city, or any matter, place 
or thing therein. Said department shall pre- 
pare and keep the statistics of tenements and 
lodging-houses, and make semi-annual re- 
ports upon the same, and transmit such sta- 
tistics to the state board of health. 

Proceedings relative to dangerous buildings, 
vessels, places and things. 

Sec. 1,176. Whenever any building, erec- 
tion, excavation, premises, business pursuit, 
matter or thing, or the sewerage, drainage or 
ventilation thereof, in said city, shall, in the 
opinion of said board, whether as a whole or 
in any particular, be in a condition or in effect 
dangerous to life or health, said board may 
take and file among its records what it shall 
regard as sufficient proof to authorize its 
declaration that the same, to the extent it 
may specify, is a public nuisance, or dan- 
gerous to life or health; and said board may 
thereupon enter in its records the same as a 
nuisance, and order the same to be removed, 
abated, suspended, altered or otherwise im- 
proved or purified, as said order shall specify; 
and if any party served with such order 
(or intended to be according to this chap- 
ter), shall, before its execution is commenced, 
or within three days after such service or 
attempted service, apply to said board, or the 
president thereof, to have said order or its 
execution stayed or modified, it shall then 
be the duty of said board to temporarily sus- 
pend or modify said order or the execution 
thereof, save in cases of Imminent danger 
from impending pestilence, when said board 
may exercise extraordinary powers, as herein 
elsewhere specified, and to give such party 
or parties together, as the case in the opin- 
ion of the board may require, a reasonable 
and fair opportunity to be heard before said 
board, and to present facts and proofs, ac- 
cording to the rules or directions of said 
board, against said declarations and the 
execution of said order, or in favor of its mod- 
ification, according to the regulations of the 
board; and the board shall enter in its min- 
utes such facts and proofs as it may receive 
and its proceedings on such hearing, and any 
other proof it may take; and thereafter may 
rescind, modify or reaffirm its said declaration 
and order, and require execution of said origi- 
nal, or of a new or modified order to be made, 
in such form and effect as it may finally de- 
termine. Said board may order or cause any 
excavation, erection, vehicle, vessel, water- 
craft, room, building, place, sewer, pipe, pas- 
sage, premises, ground, matter or thing, in 
said city cr adjacent waters, regarded by said 
board as in a condition dangerous or detri- 
mental to life or health, to be purified, clean- 
ed, disinfected, altered or improved; and may 
also order any substance, matter or thing, 
being or left in any street, alley, water, ex- 
cavation, building, erection, place or grounds 
(whether such place where the same may 
be public or private), and which said board 
may regard as dangerous or detrimental to 
life or health, to be speedily removed to 
some proper place; and may designate or 
provide a place to which the same shall be 
removed, when no such adequate or proper 
place, in the judgment of said board, is al- 
ready provided. If said order is not complied 
with, or as far complied with as said board 
of health may regard as reasonable, within 
five days after such service or attempted serv- 
ice, or within any shorter time which, in case 
of pestilence, the board of health may have desig- 
nated, or is not thereafter speedily and fully 
executed, then any such order may be exe- 


cuted as herein elsewhere provided in regard 
to any of the orders of said board. And if 
personal service of any aforesaid order can- 
not be made under this section by reason of 
absence from said district, or inability to find 
one or more of the owners, occupants, lessees, 
or tenants of the subject matter to which said 
order relates, or one or more of the pesons 
whose duty it was to have dome what is there- 
in required to be done, as the case may ren- 
der just and proper in the opinion of said 
board; to be shown by the official certificates 
of the officer having such order to serve, then 
service may be made through the mail, or by 
a copy left at the residence or place of busi- 
ness of the person sought to be served, with a 
person of suitable age and discretion, and the 
expenses attending the execution of any and 
all such orders respectively shall be a several 
and joint personal charge against each of the 
owners or part owners, and each of the lessees 
and occupants of the building, business, place, 
property, matter or thing to which said order 
■relates, and in respect of which said expenses 
were incurred; and also against every person 
or body who was by law or contract bound to 
do that in relation to such business, place, 
street, property, matter or thing, which said 
order requires, and said expenses shall also 
be a lien on all rent, compensation due, or 
to grow due, far the use of any place, room, 
building, premises, matter, or thing, to which 
said order relates, and in respect of which, 
said expenses were incurred; and also, a lien 
on all compensation due or to grow due for 
the cleaning of any street, place, ground, or 
thing, or for the cleansing or removal of any 
matter, thing or place, the failure to do which 
by the party bound so to do, or the doing of 
the same in whole or in part by order of said 
board, was the cause or occasion of ary such 
order or expense. Said board of health, its 
assignee, or the party who has, under its order 
or that of the police board, acting there- 
under, incurred said expense, or has rendered 
service for which payment is due, and as the 
rules of said board of health may provide, 
may Institute and maintain a suit against 
any one herein declared liable for expenses 
as aforesaid, or against any person, firm or 
corporation, owing, or who may owe, such rent 
or compensation, and may recover the ex- 
penses so incurred under any order aforesaid. 
And only one or more of such parties liable 
or interested may be made parties to such ac- 
tion as the board may elect; but the parties 
made responsible as aforesaid for such ex- 
penses shall be liable to contribute, or to 
make payment as between themselves, in re- 
spect of such expenses and of any sum re- 
covered for such expenses or compensation, or 
by anY party paid on account thereof, accord- 
ing to the legal or equitable obligation exist- 
ing between them. 

Extraordinary expenditures. 

Sec. 1,177. The department of health may 
use, in compensation of special inspectors, phy- 
sicians and nurses, and for supplies and con- 
tingencies, such sum, not exceeding in the ag- 
gregate eighty thousand 'dollars, in excess of 
the annual appropriation, as may be at any 
time appropriated by the board of estimate 
and apportionment for tne prevention of dan- 
ger from contagious or infectious diseases 
found to exist in said city, or for the care of 
persons exposed to danger from contagious 
or Infectious diseases. 

Declaration of imminent peril. 

Sec. 1,178. In the presence of great and im- 
minent peril to the public health ’by reason 
of impending pestilence, it shall be the duty 
of the beard of health, having first taken and 
filed among its records what it shall regard 
as sufficient proof to authorize its declaration 


THE CHARTER FOR THE GREATER NEW 


of such peril, and having duly entered the 
same in its records, to take such measures, 
and to do and order and cause to be done, 
such acts and make such expenditures (be- 
yond those duly estimated for or provided) 
for the preservation of the public health 
(though not herein elsewhere or otherwise 
authorized) as it may in good faith declare 
the public safety and health demand, and the 
mayor shall in writing approve. But the ex- 
ercise of this extraordinary power shall also, 
so far as It involves such excessive expen- 
ditures, require the written consent of at 
least three members of the 'board of health, 
and the approval aforesaid of the mayor. And 
such peril shall not be deemed to exist ex- 
cept when, and for such period of time, as 
the hoard of health and mayor shall declare. 

Bureaus. 

Sec. 1,179. There shall be two bureaus in 
the department of health. The chief officer 
of one bureau shall he called the “sanitary 
superintendent,” who, at the time of his ap- 
pointment, shall have been, for at least ten 
years, a practicing physician, and for three 
yeans a resident of the city of New York, 
and he shall be the chief executive officer of 
said department. The chief officer of the sec- 
ond bureau shall be called the “registrar of 
reoords”; and in said 'bureau shall be record- 
ed, without fees, every birth, marriage and 
death, and all inquisitions of coroners, which 
shall occur, or be taken within the city of 
New York. But in cases of inquests, where 
the Jury shall find that the death was caused 
by negligence or malicious injury, only a 
copy of the record need be filed in said bu- 
reau. 

Offices and expenses. 

Sec. 1,180. The board of health may fit up 
and furnish such offices and such branch 
offices in each and every borough provided 
for the department of health in accordance 
with law, as the convenience of the depart- 
ment, Its officers, agents and employes, and the 
prudent and proper discharge of the duties of 
the department may require; and may, subject 
to the other provisions of this act, make such 
incidental and additional expenditures, hav- 
ing due regard to economy, as the purposes 
and provisions of this chapter, and the dan- 
gers to life and public health may justify or 
require; and may provide that any failure of 
any officer, agent, or employe of the depart- 
ment to duly fulfill his engagements or dis- 
charge his duty shall cause a forfeiture of the 
whole, or any less portion of the salary or 
compensation of such officer, agent, or em- 
ploye, as the rules or practice of the depart- 
ment may provide. 

Borough offices to be maintained. 

Sec. 1,181. The board of health shall estab- 
lish and maintain in the boroughs of Man- 
hattan, Che Bronx, Brooklyn, Queens and 
Richmond, offices wherein the business and 
duties of the department of health shall be 
performed and discharged under its rules, 
regulations and control. To this end the 
board of health shall appoint assistant sani- 
tary superintendents, and assistant registrars 
of records, one of each of such officers to 
be assigned to each of the five borough offices 
above mentioned, and so many of the other 
officers, clerks, inspectors and subordinates 
allowed,' pursuant to this chapter, as may be 
necessary to conduct and transact the busi- 
ness of the health department, in each of the 
said boroughs. In such borough offices, the 
board of health shall preserve the records, 
files, reports and papers belonging and per- 
taining to the borough in which the office is 
located. In the general office of the health 
department in the borough of Manhattan, shall 


also be preserved and kept, both for record 
and the use of the board of health, the arch- 
ives of the department of health, and all the 
records, books, reports, files and papers be- 
longing and pertaining to the general ad- 
ministration of the health department, and 
the business and transactions of the board 
of health, as well as those which belong to, 
and have special reference to, the business 
and transactions, and the discharge of the 
duties and powers of the health department 
in the borough of Manhattan. The board of 
health may likewise establish such other ad- 
ditional offices as it shall deem necessary for 
the proper discharge of the duties and powers 
of the health department In the several bor- 
oughs, with such force as may be essential 
thereto throughout the city as constituted by 
this act, but shall always maintain its chief 
office in the borough of Manhattan. 

Delegation of powers. 

Sec. 1,182. The board of health may from 
time to time delegate any portion of its pow- 
ers to the sanitary superintendent or an as- 
sistant sanitary superintendent, to be exer- 
cised by such delegate for the time and in the 
manner, and to the extent specified in such 
delegation in writing. Provided, however, 
that this section shall not he construed in re- 
straint of the general power of the board of 
health to discharge its duties through any 
and all of its appointees. The department of 
health shall have a secretary, who shall, sub- 
ject to the direction of the board of health, 
keep and authenticate the acts, records, pa- 
pers and proceedings of the department of 
health, preserve its books and papers, conduct 
its correspondence, and aid generally in ac- 
complishing the purposes of this chapter. The 
board of health may designate a clerk to be 
the chief clerk of the department, and a clerk 
in each of the offices of the five boroughs 
above mentioned, to be an assistant chief 
clerk, who may perform such duties of the 
secretary as shall be assigned to him; and 
papers certified by such chief clerk or by an 
assistant chief clerk shall be of the same ef- 
fect as evidence and otherwise as if certified 
by the secretary. 

Duty of sanitary superintendents. 

Sec. 1,183. It shall be the duty of the sani- 
tary superintendent and the assistant sani- 
tary superintendents, as each may be di- 
rected, to execute or cause to be executed, the 
orders of said department of health, and gen- 
erally, according to instructions, to exercise a 
practical supervision In respect to the in- 
spectors, agents and persons other than the 
secretary, and health commissioners, and as 
to the members of the police force who may 
exercise any authority under this chapter; 
and said officers shall devote their services to 
the aforesaid purposes, as the board of health 
may, from time to time direct. Each such 
superintendent shall make reports weekly,»or 
oftener, if directed by the board of health, 
in writing, stating generally his own action 
and that of hie subordinates, and the condi- 
tion of the public health in said city, or any 
portion thereof, and any causes endangering 
life or health which have come to his knowl- 
edge during that period. 

Reports of, and inspection. 

Sec. 1,184. The sanitary superintendent, the 
assistant sanitary superintendents, the sani- 
tary inspectors and the officers of said depart- 
ment may visit all sick persons, who shall be 
reported to the department of health as sick 
of any contagious, pestilential or infectious 
disease and report to the department of 
health, in writing, his cr their opinion of 
their sickness. He. or they, shall visit and 


YORK. 121 


inspect all vessels coming to the wharves, 
landing places or shores of said city, or with- 
in three hundred yards thereof, which are 
suspected of having on board any infectious 
or contagious disease, or likely to commun- 
icate the disease to the inhabitants of said 
city, and all stores and places within the said 
city, which are suspected to contain putrid 
or unsound provisions or other articles likely 
to communicate disease to the inhabitants, 
and make and sign a report in writing, stating 
the vessel, stores, places and articles so in- 
spected by him or them, and the nature, 
state and situation thereof, and his or their 
opinion in relation thereto, as to the proba- 
bility of disease being communicated by or 
from the same, and file such report in the" 
chief office of the department of health. 

Sanitary inspectors. 

Sec. 1,185. The board at health shall ap- 
point and commission at least fifty sanitary 
inspectors, and shall have power to appoint 
twenty additional sanitary inspectors, if it 
deems that number Decessary, and from time 
to time to prescribe the duties and salaries 
of each of said inspectors, and the place of 
their performance, and of ail other persons 
exercising any authority under said depart- 
ment, except as herein specially provided; but 
thirty of such inspectors shall be physicians 
of skill and of practical professional experi- 
ence in said city. The additional sanitary in- 
spectors heretofore duly appointed and com- 
missioned, either in New York city or in the 
city of Brooklyn, may be included among the 
sanitary inspectors mentioned in this sec- 
tion, and may continue to act as such without 
reappointment, hut nothing herein containod 
shall curtail any of the powers vested in the 
department of health by this act, and the 
number of sanitary inspectors for whom pro- 
vision is made in this section shall be exclu- 
sive of the special inspectors for whom pro- 
vision is made in section 1,186 and elsewhere 
in this act. All of the said Inspectors shall 
have such practical knowledge of scientific or 
sanitary matters as qualify them for the du- 
ties of their office. Each of such inspectors 
shall once in each week make a written re- 
port to said department, stating what duties 
he has performed, and where he has per- 
formed them, and also such facts as have 
come to his knowledge connected with the 
purposes of this chapter as are by him deem- 
ed worthy of the attention of said depart- 
ment, or such as its regulations may require 
of him; which reports, with the other reports 
herein elsewhere mentioned, shall he filed 
among the records of the said department. 

Sanitary engineering service. 

Sec. 1,186. The board of health may, from 
time to time, engage a suitable person or 
persons to render sanitary engineering service 
and to make or supervise practical and scien- 
tific sanitary investigations and examinations 
in tJhe city requiring engineering skill, and to 
prepare plans and reports relative thereto. 

Badges. 

Sec. 1,187. The board of health may provide 
a badge of metal with a suitable inscription 
thereon, and direct and require it to be worn, 
in a position to be designated by any person 
or officer under the authority of said depart- 
ment, at such times and under such circum- 
stances as the rules and bylaws of said de- 
partment shall direct. 

Examinations and surveys. 

Sec. 1,188. The members of the board of 
health, the health commissioners, the sani- 
tary superintendent, the assistant sanitary 
superintendents, and any of the sanitary in- 
spectors, and such other officer or person as 


122 


THE CHARTER FOR THE GREATER NEW YORK. 


may. at any time be by said board of health 
aut. rized, may, without fee or hindrance, 
enter, examine and survey all grounds, erec- 
tions, vehicles, structures, apartments, build- 
ings, and every part thereof, and places in the 
city, including vesseds of all kinds in the wa- 
ters, and all cellars, sewers, passages and 
excavations of every soTt, and inspect the 
safety and sanitary condition, and make 
plans, drawings and descriptions thereof, ac- 
cording to the order or regulations of said 
department. Said department may make and 
publish a report of the sanitary condition, and 
the result of the Inspection of any place, mat- 
ter or thing in the city, so inspected or other- 
wise, as aforesaid, so far as, in the opinion 
of the board of health, such publication may 
be useful. 

Proofs and affidavits. 

Sec. 1,189. Proofs, affidavits and examina- 
tions as to any matter under this chapter may 
be taken by or before the board of health or 
other person, a3 the board of health shall au- 
thorize; and commissioners of health, the sec- 
retary, the sanitary superintendent, assistant 
sanitary superintendents, and any member of 
said department shall, severally, have au- 
thority to administer oaths in such matters, 
and any person guilty of willfully answering 
or testifying falsely therein shall incur all 
the pains and penalties of perjury. 

Registrar of records. 

Sec. 1,190. The board of health shall ap- 
point a registrar of records and five assistant 
registrars of records of whom one shall be 
placed and have his office in each of the bor- 
ough offices of the health department, and 
there discharge the duties and powers of the 
registrar of records, so far as the same shall 
have been committed to him by the board of 
health, or the registrar of records, but always 
subject to the direction and control of the 
board of health. 

Id. And payment for night medical service. 

Sec. 1,191. It shall be the duty of the regis- 
trar of records and each assistant registrar 
of records, in his borough, and where his of- 
fice is located, to ascertain and report to each 
captain of the police whether any physician 
who applies for registry, as willing to re- 
spond to any call for medical attendance, as 
provided in this act, is in good and regular 
standing, and to transmit to such captain a 
certificate thereof. It shall be the duty of 
the department of health to pay at sight the 
fee of $3 certified to be due any physician, in 
accordance with the provisions of this act, 
and to enter such payment in a book provided 
for that purpose, and to take up the certificate 
issued therefor. 

Suits and service of papers. 

Sec. 1,192. Said board of health may sue or 
be sued in and by the proper name of “The 
health department of the city of New York,” 
and not in or by the name of the members of 
said board or any of them and service of all 
process suits and proceedings against or af- 
fecting said board, and other papers may be 
made upon the president of said board, or 
upon its secretary, and not otherwise; except 
that, according to usual practice in other 
suits, papers in suit to which said board of 
health is a party may be served on the cor- 
poration counsel or such assistant as may be 
assigned by him to the health department. 

Attorney. 

Sec. 1,193. The corporation counsel shall 
assign such assistant counsel as may be need- 


ful to the department of health, as provided 
in chapter VII. of this act. 

Salaries. 

Sec. 1,194. The annual salaries to be paid to 
persons herein named, and appointed to the 
several specified positions, shall, from and 
after their entrance upon their duties, be as 
fallows, and such salaries shall be in full 
for all services rendered by them to the city 
or county in any capacity whatever: 

To the president of the board of health, 
seven thousand five hundred dollars. 

To the commissioners, other then the presi- 
dent, six thousand dollars each. 

To the sanitary superintendent, six thous- 
and dollars. 

To the secretary, five thousand dollars. 

To the assistant sanitary superintendents, 
each three thousand five hundred dollars. 

To the registrar of records, four thousand 
dollars. 

To the assistant registrars of record, each 
three thousand dollars. 

To the chief clerk of the department of 
health, three thousand dollars; and to the 
other clerks and employees regularly employed 
in the service of the department -the salaries 
from time to time fixed and prescribed for 
them and their offices respectively by the 
board of health. 

Id. And no fees. 

Sec. 1,195. No salary or compensation shall 
be paid to, or fees demanded by. or expenses 
ordered to be incurred by any officer, depart- 
ment, or agent, or in respect to any service, 
expenditure or employment under the author- 
ity of any health law, ordinance, regulation 
or appointment in said city, unless such sal- 
ary, expenditure, employment, fees or expense 
shall be authorized by the department of 
health. No municipal body or other author- 
ity shall create any office or employ any 
officer or agent, or incur any expense under 
any health laws or ordinances, or In respect 
of any matter concerning which said health 
department Is by this chapter given control 
or jurisdiction. 

No personal liability. 

Sec. 1,196. No member, officer, or agents of 
said department of health, and no person or 
persons other than the department of health 
or the city itself shall be sued or held to 
liability, for any act done or omitted by 
either person aforesaid, in good faith, and 
with ordinary discretion, on behalf of or un- 
der said department, or pursuant to its regu- 
lations, ordinances or health law's. And any 
person whose property may have been unjust- 
ly or illegally destroyed or injured, pursu- 
ant to any order, regulation or ordinance, or 
action of said department of health or its offi- 
cers, for which no personal liability may ex- 
ist, as aforesaid, may maintain a proper ac- 
tion against the city for the recovery of the 
proper compensation or damage. Every such 
suit must be brought within six months after 
the cause of action arose, and the recovery 
shall be limited to the damages suffered. 

Orders of the board. 

Sec. 1197. The board of health, if it shall 
consider the public health or interests so to 
require, may execute orders through its own 
officers or agents, and means to be engaged 
by the board of health. Whatever expenses 
said board of health may lawfully and proper- 
ly incur in the execution of any order, resolu- 
tion or judgment aforesaid, or in executing, 
or in connection with its own orders, made 
in good faith, or in and about the discharge, 
in good faith, of its duties, or in satisfying 
any liability or judgment it may have in 


good faith incurred or suffered by reason of 
its acts, done in good faith, as aforesaid, or 
in satisfying any claim against its officers or 
subordinates, arising from their acts in the 
discharge, in good faith, of their respective 
duties, shall, so far as established, be paid 
out of the fund or other moneys of the de- 
partment of health. 

Execution may be compelled. 

Sec. 1,198. All orders duly made by any o< 
the departments of health or boards of health 
or health and sanitary authorities or officers, 
to which said department succeeded, and by 
their terms or necessary legal effect, to be 
executed in the city of New York, may be 
executed, and the execution thereof com- 
pelled, and the execution of such of them 
as are partly executed may be compelled by 
the department of health; and the said orders 
may be severally rescinded or modified by 
said department, with like effect, as could 
have been done by the department, board of 
hea/lith, or sanitary authority existing at the 
time the said orders ■were severally made. 
The said department may discharge all liens 
upon real estate in the city of New York, 
created by any board of health or sanitary 
authorities above mentioned, or created in 
proceedings instituted by the metropolitan 
board of health or the department of health, 
which succeeded thereto, in the same manner 
and for the same causes that, by laws ex- 
isting January first, eighteen hundred and 
seventy, they could be discharged by the 
metropolitan board of health. 

Right of inspection. 

Sec. 1,199. It is hereby made the duty of 
all departments, officers and agents, having 
the control, charge or custody of any public 
structure, work, ground, or erection, or of 
any plan, description, outline, drawing or 
charts thereof, or relating thereto, made, 
kept or controlled under any public au- 
thority, to permit and facilitate the examina- 
tion and inspection, and the making of 
copies of the same by any officer or person 
thereto by said department of health au- 
thorized. 

Complaint boo!:. 

Sec. 1,200. The board of health shall cause 
to be kept a general complaint book, or 
several such books, in which may be en- 
tered by any person, in good faith, any com- 
plaints of a sanitary nature which such per- 
son thinks may be useful, with the name and 
residence of the complainant, and may give 
the names of the person or persons com- 
plained of, and the date of the entry of the 
complaint, and such suggestions of any reme- 
dy as may in good faith be thought ap- 
propriate, and said books shall be open to 
all reasonable public examination, regulated 
in all respects as said board may deem 
proper, and for the public service; and the 
board of health shall cause the facts In re- 
gard to such complaints to be investigated 
and the appropriate remedy to be applied. 

Duties of owners, lessees and occupants. 

Sec. 1,201. It is hereby declared to be ibe 
duty of every owner and part owrner and per- 
son interested, and of every lessee, tenant, 
and occupant of, or in any place, w f ater, ground, 
room, stall, apartment, building, erection, ves- 
sel, vehicle, matter and thing in said city, and 
of every person conducting or interested in 
business therein, or thereat, and of every 
person who has undertaken to clean any place 
ground, or street therein, and of every person, 
public officer, and department having charge 
of any ground, place, building, or erection 
therein, to keep, place and preserve the same 


THE CHARTER FOR THE GREATER NEW YORK. 123 


and every part, and the sewerage, drainage and 
ventilation thereof in such condition, and to 
conduct the same in such manner, that it 
f shal] not be a nuisance, or be dangerous or 
prejudicial to life or health. 

Police department assistance. 

Sec. 1,202. It shall be the duty of the police 
department, and of Its officers and men, as said 
department shall direct, to promptly advise the 
department of health of all threatening dangers 
to human life or health and of all matters 
thought to demand its attention, and to regu- 
larly report to said board of health all vio- 
lations of its rules, and of sanitary ordinances, 
and of the health laws, and all useful sanitary 
Information. And said last named department 
shall, as far as practicable and appropriate, 
co-operate for the promotion of the pub- 
lic health, and the safety of human life, in the 
city. And it shall be the duty of the police 
department and the police board, by and 
through its proper officers, agents and men, to 
faithfully, and at the proper time, enforce and 
execute the sanitary rules and regulations 
and the orders of 3ald board of health, made 
pursuant to the power of said board of health, 
upon the same being received in writing and 
duly authenticated, as said board of health 
may direct. And said police board is author- 
ized to employ appropriate persons and 
means, and to make the necessary and appro- 
priate expenditures, for the execution and en- 
forcement of said rules, orders, and regula- 
tions; and such expenditures, so far as the 
Bame may not be refunded or compensated by 
the means h or einel se whe re provided, shall be 
paid as the other expenses of said board of 
health are paid. And in and about the execu- 
tion of any order of the board of health or of 
the police board, made pursuant thereto, po- 
lice officers and policemen shall have as ample 
power and authority, as when obeying any 
order of or law applicable to the police board, 
or as if acting under a special warrant of a 
Justice or judge, duly Issued, but for their 
conduct shall be responsible to the police 
board and not to the board of health. 

Coroner’s returns. 

Sec. 1,203. The department of health may 
from time to time fix and define the time of 
making, and the form of returns and reports 
to be made to said department by the coro- 
ners of the city of New York, in all cases of 
post mortem inquests, or viewing of dead 
bodies held by them or any of them, and the 
said coroners are hereby required to conform 
to the directions of said department in the 
premises, and it shall be the duty of every 
coroner at once, and before holding any in- 
quest, upon being called upon to hold an in- 
quest as aforesaid, or notified thereof, to im- 
mediately transmit and cause to be delivered 
to the secretary of said department of health 
written notice of the fact of such call, in 
which shall be stated every particular then 
known to said coroner as to said call, the 
body, the place where it is and the reported 
cause of death. If at any time said depart- 
ment, or the sanitary superintendent, shall 
deem the protection of the public health to 
demand, it may, as soon as the coroner’s jury 
or physician shall have viewed the dead body, 
and an autopsy thereof shall have been made, 
provided the coroner deems the same neces- 
sary, order the Immediate burial of any dead 
body, or if he or it deems that the public 
health demands an immediate removal of 
•aid body from the place of death to another 
place for inquest, may likewise at any time 


order said removal and shall have power to 
cause said orders to be obeyed and executed. 

Removal of dead bodies. 

Sec. 1,2(M. It shall be the duty of the depart- 
ment of health to gran: a permit for the re- 
moval of the body of any deceased person 
from the city, which has not beeD buried, 
upon receiving a certificate of the death of 
said person, made in accordance With its 
rules. 1: may grant a permit for the removal 
of the remains of any person interred within 
the city to a place without the same, on the 
application of a relative or friend of such per- 
son, when there shall appear to be no just 
objection to the same. 

Removal of night soil and offal. 

Sec. 1,205. The board of tieaich shall have full 
and exclusive power aud authority over the re- 
moval of night soil, and in the removal of dead 
animals, offal, night soil, blood, bones, tainted 
or impure meats and other refuse matter from 
said city. It is hereby charged with the duty 
of causing tbe removal of -the same daily, or 
as often as may be necessary, u.nd of keeping 
the said city clean frem ail matter of nuisance 
of a similar kind. The department, bureau or 
city officer of authority or authorities who 
shall from time to time have the management 
and control of the public docks, piers and slips 
in said city, may, with l :be consent of the com- 
missioners of the sinking fund, designate aud 
set apart for the use of the department of 
health of said city, suitable and sufficient slips, 
docks, piers and berths in slips, located as the 
said department of health may require, and 
such as should be convenient and necessary 
for its use in executing tbe duty hereby Im- 
posed upon said department of health, except- 
ing the slips, docks and piers on the East river 
set apart for the use of canal boats. 

Contracts for do., do., do. 

Sec. 1,206. The board of health is authorized 
to make contracts with any responsible person 
or persons for the removal of said offal, dead 
animals, night soil and other refuse matter 
from the city of New York, and to require and 
receive security in such fonm and amount as 
the said board may approve, for the faithful 
performance by the person or persons afore- 
said, to whom such contracts may by the said 
board of health, be in its discretion, awarded, 
of all and each of the provisions of such con- 
tracts on his ot their part. The place or places 
of reception and deposit of, and to which such 
offal, dead animals, night soil and other re- 
fuse matter may be conveyed, may, from time 
to time be designated, and may be ordered 
changed by the board of health. 

4s to rags, hides and skins. 

Sec. 1,207. No rags, hides or skins arriving in 
the port of New York shall be deposited in 
any part of the city within which the de- 
partment of health shall have prohibited the 
packing or unpacking of salted provisions, 
and all such articles brought into the 
city contrary to the above provisions 
may he seized and sold by the board 
of health. The department of health may, 
however, permit sound hides and skins to be 
brought into any part of the city, in small 
quantities, and for the purpose of immediate 
manufacture, but not otherwise. 

Unsound cotton. 

Sec. 1,208. It shall be the duty of the mas- 
ter and owner of every vessel that shall have 
brought cotton into the city between the first 
day of May and the first day of November in 
any year, and of the owner and consignee of 
such cotton, if upon examination it shall ap- 
pear damaged, or otherwise uusound, to make 


an immediate report thereof to the board of 
health. Every master, or owner, or con- 
signee refusing or neglecting to perform the 
duties so enj®ined. shall, for each offense, 
forfeit to the hoard of health the sum of five 
hundred dollars, to be recovered in a civil 
action by said board. 

Unsound articles, or deposited contrary to or- 
ders. 

Sec. 1,209. AM salted, smoked, preserved or 
pickled provisions, and all hides, skins and 
cotton that may be kept or deposited in 
those parts of the city wherein the board of 
health shall prohibit the keeping, preparation, 
packing or repacking thereof, at the time or 
times when sueh prohibition sha’.i be made, 
shall be reported forthwith by the owner or 
person having charge thereof to ihe health 
department, that the same may be examined, 
aud, if necessary, destroyed or removed. If 
such articles, when ordered by tbe board of 
health to be removed or destroyed, shall not 
be forthwith removed aud the order obeyed 
by the owner or person having charge there- 
of, the sanitary superintendent shall cause 
them to be removed to some safe place, there 
to remain at the risk of the owner, or, if so 
ordered, may destroy the same. 

Putrid cargoes may be destroyed. 

Sec. 1,210. The board of health, whets it 
shall judge it necessary, may cause any cargo, 
or part of cargo, or any matter, or anythiug 
within the city that, may he putrid or other- 
wise dangerous to the public health, to lie de- 
stroyed or removed; such removal, when or- 
dered. shall be to the place of deposit, ot 
offal, dead animals, and refuse matter, or 
such other place as the board of health shall 
direct; such removal or 'destruction shall be 
made at the expense of the owner or owners 
of the property so removed or destroyed, and 
the same may be recovered from such owner 
or owners, in an action at law by said board 
of health. 

Penalties of disobedience. 

Sec. 1,211. Every person who shall refus# 
or neglect to obey the directions of the pre- 
ceding sections, or of the board of health 
pursuant thereto. In relation to provisions, 
putrid and other offensive articles therein 
mentioned, shall be considered guilty of a 
misdemeanor and, on conviction, shall be 
subject to fine and Imprisonment, or both, at 
the discretion of the court. Such fine 6ha,Il 
not exceed ono thousand dollars, and such 
imprisonment shall not exceed two years. 

Offensive trades. 

Sec. 1,212. It shall not be lawful for any 
person or persons, incorporated or unincor- 
porated, to carry on, establish, prosecute, or 
continue, within the city of New York, the 
occupation, or trade, or business of bone boil- 
ing, hone burning, bone grinding, horse skin- 
ning, cow skinning, or skinning of dead ani- 
mals, or the boiling of offal, and any such es- 
tablishment. or establishments, or place of 
such business existing within said city, shall 
bo» forthwith removed out of said city, and 
sueh trade, occupation, or business shall be 
forthwith abated and discontinued, provided 
that nothing in this section contained shall 
apply to the slaughtering or dressing of ani- 
mals for sale in said city. It shall be the duty 
of the board of health to ascertain whether 
any such trade or business is carried on, or 
continued, or established, within the limits 
aforesaid, and to make and cause an order to 
be served, in the same manner as other order* 
of said department are made and served, di- 
recting the discontinuance of said trade or 
business, and the removal of ail offensive at 


124 THE CHARTER FOR THE GREATER NEW 


unwholesome materials or things appertain- 
ing to 6ald trade or business. 

Filling in lands. 

Sec. 1,213. It shall not be lawful for any 
person or persons, incorporated or unincorpor- 
ated, to fill in any land under or above water, 
within the limits of the city of New York, 
or on any of the islands situated within said 
limits and under the jurisdiction of said city, 
or any portion thereof, with garbage, dead 
animals, decaying matter, or any offensive and 
unwholesome material, or with dirt, ashes 
or other refuse, when mixed with such gab- 
bage, dead animals or portions thereof, de- 
caying matter or offensive and unwholesome 
material. Any person or persons violating the 
provisions of this section shall be deemed 
guilty of a misdemeanor, and, on convic- 
tion thereof, shall be puuished by a fine not 
exceeding one hundred dollars, or imprison- 
ment not exceeding six months, or both. 
The board of health is hereby empowered to 
institute prosecutions and suits for penalties 
for the violation of t£e provisions of this 
section and this act. 

Yards and cellars. 

Sec. 1,214. The board of health shall 
have full power and authority to make such 
bylaws and ordinances as said board shall, 
from time to time, deem necessary and proper, 
for the filling, draining and regulating of any 
grounds, yards or cellars, within the city, 
that may be sunken, damp or unwholesome, 
or which it may deem proper to fill, drain, 
raise, lower or regulate, and also, for caus- 
ing all such lots of ground in the city adjoin- 
ing the Hudson river or the East river, or 
Long Island sound, as it may, from time to 
time, think proper, to be filled with whole- 
some earth or other solid materials, so far 
into the said rivers respectively as said 
board shall, from time to time, deem expedi- 
ent for promoting the health of the said 
city, and for filling or altering or amending 
all sinks and privies within the said city, and 
for directing the mode of constructing them 
in future, and for causing subterraneous 
drains to be made from the same, when 
said board may think it necessary. 

Drainage ana maps. 

Sec. 1,215. Whenever in the opinion of the 
beard of health the protection of the public 
health requires the drainage of any lands in 
the city, by means other 'than sewers, the said 
board may make an order describing the loca- 
tion of such lands, and directing the proper 
drainage thereof, and construction of drains 
therefor, by the commissioner or commis- 
sioners of the department of said city having 
jurisdiction to construct sewers in that part 
of city where such drainage is so required. 
The board of health shall thereupon cause a 
map to be made, whereon shall be shown the 
location of such proposed drains, and the 
lands required for the construction thereof. 
Such order shall ’be entered at length in the 
records of such department of health, and 
such map shall be filed in such health de- 
partment; a copy thereof shall be filed in the 
office of the register of the city of New 
York. The board of health shall cause anoth- 
er copy of said map, together with a copy of 
sudh order, to he delivered to the commission- 
er or commissioners of the department of 
said city, who shall, by such order he re- 
quired to construct such drains, and the said 
commissioner or commissioners of said de- 
partment with whom a copy of the said map 
and order shall be so filed, shall immediately 
thereafter have the powej, and said depart- 
ment is hereby directed 1 to make and adopt 


proper and suitable plans for the construction 
of such drains. 

Acquisition of rights in lands. 

Sec. 1,216. It shall he the duty of such de- 
partment, upon the receipt of such map and 
order, and immediately after it has made and 
adopted suitable plans for such drains, 
through the corporation counsel of said city, 
to take immediate and proper proceedings 
for the acquirement of a right of way over, 
under, or through the lands shown upon said 
map to be necessary for such drains, and it 
shall be the duty of such corporation counsel 
immediately to take such proceedings and 
conduct them to a speedy determination. 

Id. Proceedings therein. 

Sec. 1,217. The right of way over, under or 
through the lands so required for such drains 
shall be taken and acquired in the manner re- 
quired by law for acquiring title to lands in 
said city to be used as public streets. Pro- 
vided, however, that the time or times pro- 
vided in such law for the giving or publica- 
tion of any notice shall for the purposes of 
this section, be reduced one-half, and the 
time for the sitting of the commissioners of 
estimate and assessment to hear objections 
to their report is, for the purposes of this 
act, hereby made two days in the place of 
ten days. Any maps, plans or surveys, that 
may be required for the use of the commis- 
sioners of estimate and .assessment to be ap- 
pointed in ouch proceeding, shall be furnished 
by the department charged with the con- 
struction of the drains and shall be prepared 
and made by surveyors in the regular and 
stated employment of such department; net; 
ther the expense of such surveys, nor any 
other expenses other than the fees of the 
commissioners of estimate and assessment, 
attending the proceeding, and their neces- 
sary disbursements for clerical services in 
carrying out the provisions of this section, 
which clerical expenses shall not exceed the 
sum of two hundred and fifty dollars, and 
also for advertising, printing, or posting and 
notices required bylaw and for any other neces- 
sary incidental expense a sum, not exceeding 
one hundred dollars, shall be included in the 
assessment that may be made by such com- 
missioners of estimate and assessment. The 
corporation counsel shall not be entitled to 
any compensation for services to be rendered 
by him in such proceeding other than his 
stated salary. The commissioners shall each 
be entitled to receive the following rates as 
compensation for their services in full: 
Where the drain to be constructed is five hun- 
dred feet or under in length, the sum of 
twenty-five dollars; where the drain exceeds 
five hundred feet in length, twenty-five dol- 
lars, and in addition thereto five cents per 
foot for each running foot of drain in excess 
of five hundred feet, but the compensation of 
each commissioner shall in no case exceed 
two hundred and fifty dollars. 

Id. Confirmation of report of commissioners, 

construction and taxation. 

• 

Sec. 1,218. Upon the confirmation of the re- 
port of the commissioners of estimate and 
assessment by the court, the commissioner of 
the department in said city having the charge 
of the construction of such drains, as herein 
proposed, shall have the power, and he is 
hereby directed to immediately make and con- 
struct said drains. The necessary cost of such 
drains, together with necessary expenses of 
levying the assessment therefor, shall be 


YORK. 


levied, assessed and collected as provided by 
section 179 of this act. 

Measures to prevent the spread of disease. 

Sec. 1,219. It shall be the duty of the board 
of health: 

1. To cause any avenue, street, alley, or 
other passage whatever to be fenced up or 
otherwise inclosed, if it shall deem the 
public safety requires it, and to adopt suit- 
able measures for preventing all persons 
from going to any part of the city so in- 
closed. 

2. To forbid all communication with the 
house or family Infected with any con- 
tagious, infectious, or pestilential disease 
except by means of physicians, nurses, or 
messengers to carry the necessary advice, 
medicines and provisions to the afflicted. 

3. To adopt such means for preventing all 
communication between any part of the 
city infected with a disease of a pestilential, 
Infectious, or contagious character and all 
other parts of the city, as shall be prompt 
and effectual. 

Id. Proclamation. 

Sec. 1,220. The board of health may Issue 
a proclamation declaring any place where 
there shall be reason to believe a pestilential, 
contagious or Infectious disease actually ex- 
ists, to be an Infected place within the mean- 
ing of the health laws of this state. Such 
proclamation shall fix the period when it shall 
cease to have effect: but such period, if the 
said board shall judge the public health to re- 
quire it, may from time to time be extended 
by the board of health, and notice of such ex- 
tension shall be published in one or more 
of the newspapers of this city. The board of 
health may in its discretion prohibit or regu- 
late the internal intercourse by land or water 
between the city of New York and such in- 
fected place; and may direct that all persons 
who shall come into the city, contrary to Its 
prohibition or regulations, shall be appre- 
hended and conveyed to the vessel or place 
whence they last came; or, if sick, that they 
be conveyed to such place as the said board 
shall ‘direct. After such proclamation shall 
have been issued, all vessels arriving in the 
port of New York from such infected place 
shall be subject to a quarantine of at least 
thirty days or until the period when such 
proclamation shall cease to have effect as pro- 
vided by the last preceding section, and shall, 
together with their officers, crews, passen- 
gers, and cargoes, be subject to all the pro- 
visions, regulations, and penalties in relation 
to vessels subject to quarantine. 

Vessels removed. 

Sec. 1,221. The board of health shall also 
possess and may exercise the following pow- 
ers: 

1. By order to direct any vessel lying at a 
place within three hundred yards of any 
wharf, landing place or shore of said city, 
and from which said board shall deem It 
probable that any infectious or contagious 
disease may be brought into said city, or com- 
municated ‘to the inhabitants thereof, to be 
removed to the distance of ax least three 
hundred yards from, any wharf, landing place 
or shore of said city, within six hours after 
a copy of such order, certified by the secre- 
tary of said department, shall be delivered to 
the person or persons having command of 
such vessel, or to the master, owner or con- 
signee thereof; and every such person or per- 
sons, master, owner or consignee to whom 
such copy of such order shall be delivered 
shall forthwith comply with the same. 

2. By order to direct to be removed to a 
place to be designated by the board of health 


THE CHARTER FOR THE GREATER NEAV YORK. 


125 


all things within -tJio city wtiich, in its opin- 
ion, shall be Infected in any manner likely co 
communicate disease to the imhabkants. 

Violation of orders; punishment for. 

Sec. 1,222. Every person who shall violate, 

I or neglect, or refuse to comply with any pro- 
vision contained in any of the preceding sec- 
tions, or in the orders made by the board 
of health in pursuance thereof, shall be 
deemed guilty o<f a misdemeanor, and on con- 
viction thereof shall be punished by a fine 
not exceeding two hundred and fifty dollars, 
or imprisonment not exceeding six months, 
or both; and all such fines when collected 
shall be paid to the controller. Any viola- 
tion of the sanitary code shall be treated and 
punished as a misdemeanor, and the offender 
shall also be Liable to pay a penalcy of fifty 
dollars, to be recovered in a civil action in 
the name of the department of health of the 
city of New York. 

Separate receptacles for ashes and garbage. 

Sec. 1,223. The board of health shall cause 
to be enforced the provisions of the sanitary 
code requiring that separate receptacles be 
provided for ashes and rubbish, and for 
garbage and liquid substances, and forbid- 
ding that they be placed or kept in the same 
receptacle, and requiring the streets and side- 
walks to be kept free from incumbrance by 
such receptacles, except at such times as may 
be designated by the commissioner of street 
cleaning for the collection of their contents; 
and for the violation of any of the said pro- 
visions of said code both the owners and oc- 
cupants of all houses In the city shall be sev- 
erally responsible and subject to the pen- 
alties and prosecutions imposed by said code, 
and all other provisions of said codfe and of 
the city ordinances relative to the cleanliness 
of the streets; and the board of health is 
empowered to Institute prosecutions and suits 
for penalties for the violation of any such 
provisions. 

Service of orders. 

Sec. 1,224. Service of any order of said 
board of health shall be deemed sufficient. If 
made upon a principal person Interested in or 
upon a principal officer charged with duty in 
respect of the business, property, matter, or 
thing, or the nuisance or abuse to which said 
order relates; or upon a person, officer or de- 
partment, or one of the department who may 
be most interested in or affected by its exe- 
cution. If said order relate to any building, 
or the drainage, sewerage, cleaning, purifica- 
tion, or ventilation thereof, or of any lot or 
ground on or in which such building stands, 
used for, or intended to be rented as, the resi- 
dence or lodging place of several persons, or 
as a tenement house or lodging house, sendee 
of such order on the agent of any person or 
persons for the renting of such building, lot 
or ground, or for the collecting of the rent 
thereof, or of the parts thereof to which said 
order may relate, shall be of the same effect 
and validity as due service made upon the 
principal of such agent, and upon the owners, 
lessees, tenants, occupants of such buildings, 
or parts thereof, or of the subject matter to 
which such order relates. 

Vaccination. 

Sec. 1,225. For the purpose of more effect- 
ually preventing the spread of smallpox by 
the thorough and systematic vaccination of 
all unvaccinated persons, and for the relief 
of persons suffering with diphtheria and other 
Infectious diseases, residing in said city, the 
board of health Is hereby empowered to con- 
tinue or organize a corps of vaccinators and 
of physicians, within, and subject to the con- 


trol of the bureau of sanitary inspection, to 
appoint the necessary officers, keep suitable 
records, collect and preserve pure vaccine 
lymph or virus, and produce diphtheria anti- 
toxine and other antitoxines, and add to the 
sanitary code such additional provisions as 
will most effectually. secure the end in view. 
Said board of health may take measures and 
supply agents and offer inducements and 
facilities for general and gratuitous vaccina- 
tion, disinfection and for the use of diphtheria 
antitoxine and other antitoxines and may 
afford relief to and among the poor of said 
city as In its opinion the protection of the 
public health may require. 

Sale of lymph and antitoxine. 

Sec. 1,226. Whenever the amount of vac- 
cine lymph, or virus, collected by the said 
corps, or of diphtheria antitoxine, and other 
antitoxines producel, shall exceed the 
amount required in the proper performance 
of its duties, the said board of health may 
authorize the sale of ouch surplus lymph or 
virus, and diphtheria antitoxine, and other 
antitoxines at reasonable rates, to be fixed by 
the board of health. The avails of such lymph 
or virus, and diphtheria antitoxine, and other 
antitoxines, shall be accounted for and paid 
to the chamberlain, and shall be set apart and 
constitute distinct funds, to bo known re- 
spectively as "the fund for gratitous vaccina- 
tion,” and “the antitoxine fund,” and they 
shall be subject to the requisition of the board 
of health for the purposes named in the pre- 
ceding section. , 

Driving and slaughtering cattle, sheep, swine, 

pigs or calves regulated. 

Sec. 1,227. It shall not be lawful to drive 
any cattle, sheep, swine, pigs or calves 
through the streets or avenues of the city of 
New York, or any of them, except at such 
times and in such manner as provided In the 
sanitary code, or as the board of health may, 
by ordinance, prescribe, n-or shall it be lawful 
to slaughter any cattle, sheep, swine, pigs 
or calves in the city of New York, excepting 
in buildings located upon the water front, 
and so constructed as to receive all stock de-v 
livered thereat from boats, cars or trans- 
ports and to secure the proper care and dis- 
position of all parts of the slaughtered animals 
upon the premises or the immediate removal 
thereof by means of boats and under tho pro- 
visions of the sanitary code and the authority 
and regulations of the department of 
health. The board of health may revoke 
or suspend the permit of any one who shall 
conduct said business of slaughtering cattle, 
sheep, swine, pigs or calves in violation of 
law and the rules and regulations of the de- 
partment of health. No fat, hides, hoofs, er 
entrails, or other refuse parts of slaughtered 
animals shall be transported in said streets 
except under and pursuant to the terms of a 
permit in writing from the board of health; 
nor shall auy buildings be erected or converted 
into or used as a slaughter house until the 
plans thereof have been duly submitted to the 
board of health, and approved in writing by 
the said board. 

Extension of proclamation period. 

Sec. 1,228. Whenever it shall appear to the 
board of health that any of the provisions of 
this title, limited in their operations to a cer- 
tain period of the year, or designated periods 
of time, ought to be extended, the said board 
of health shall issue its proclamation extending 
such provisions to such a time as shall be de- 
termined on, and such provisions shall there- 
upon be extended accordingly and with the 
like effect as if the periods mentioned in such 
proclamation, had been originally therein en- 


acted. If it shall appear to the board of 
health while such proclamation is still In 
force, that the necessity of extending the per- 
iod therein named has ceased, the board of 
health, by a new proclamation declaring that 
fact, may revoke the proclamation issued pur- 
suant to this section, which shall then cease 
to have effect. 

Definitions. 

Sec. 1,229. The word "nuisance,” as used in 
this act, shall be held to embrace public nui- 
sance, as known at common law, or in equity 
jurisprudence; and it is further enacted that 
whatever is dangerous to human life or detri- 
mental to health; whatever building or erec- 
tion, or part or cellar thereof, is overcrowded 
with occupants, or Is not provided with ade- 
quate ingress and egress to, and from the 
same, or the apartments thereof, or Is not 
sufficiently supported, ventilated, sewered, 
drained, cleaned, or lighted, in reference to 
their or its intended or actual use; and what- 
ever renders the air or human food or drink, 
unwholesome, are also, severally in contem- 
plation of this act, nuisances; and all such 
nuisances arehereby declared Illegal ; and each 
and all persons and corporations who created 
or contributed thereto, or who may support, 
continue or maintain or retain them, or any 
of them, shall be jointly and severally liable 
for, or toward, the expense of the abatement 
and remedying of the same; but as between 
themselves, any such persons and corporations 
may enforce contribution or collect expenses, 
according to any legal or equitable relations 
existing between them; but nothing herein 
contained shall annul or defeat any common 
law liability or responsibility in respect of 
nuisances. Whenever the words “place, matter 
or thing,” or either two of said words, are used 
in this act, or in titles one, four and five of 
this chapter, they shall, unless the sense 
plainly requires a different construction, be 
construed to include whatever is embraced 
iD the enumeration with which they are con- 
nected. 

TITLE 2. 

marriages, births and deaths. 

Persons solemnizing marriages to keep a reg- 
istry. 

Sec. 1,236. It shall be the duty of the cler- 
gymen, magistrates, and other persons who 
perform the marriage cermony in the city of 
New York, to keep a registry of the mar- 
riages celebrated by them, which shall con- 
tain, as near as the same can be ascertained, 
the name and surname of the parties mar- 
ried; the residence, age, and condition of 
each; whether single or widowed. 

Births to be reported. 

Sec. 1,237. It shall be the duty, of the par- 
ents of any child born in said city (and if 
there be no parent alive that has made such 
report, then the next of kin of such child 
born), and of every person present at such 
birth, within ten days after such birth, to 
report to the department of health in writing, 
so far as knowD, the date, borough, and street 
number of said birth, ana the sex and color 
of such child born, and the names of the par- 
ents. It shall also be the duty of physicains 
and professional midwives to keep a registry 
of the several births in which they have as- 
sisted professionally, which shall contain, 
as near as the same can be ascertained, the 
time of such birth, name, sex and color of the 
child, the names and residence of parents, 
and to report the same within ten days to the 
department of health. 

Deaths to be reported. 

Sec. 1,238. It shall be the duty cf the next 
of kin of any person deceased, and of each 




123 


THE CHARTER FOR THE HR EATER NEW YORK. 


person being with such deceased person at 
his or her death, and of the persons occupying 
or living in any house or premises in or on 
which any person may die, to report in writ- 
ing, to the department of health, within five 
days after such death, the age, color, nativity, 
laist occupation and cause of death of such 
deceased parson, and the borough and street, 
the place of such person’s death, and last 
residence. Physicians who have attended de- 
ceased persons in their last illness shall, in 
the certificate of the decease of such persons, 
specify, as near as the same can be ascer- 
tained, the name and surname, age, occupa- 
tion. term of residence in said city, place of 
nativity, condition of life; whether single, 
married, widow, or widower*, color, last place 
of residence, and direct and indirect cause 
of death of such deceased persons, and the 
coroners of the city, in such cases as an in- 
quest may have been held, shall, in their cer- 
tificates, conform to the requirements of this 
section. 

Penalty for failure to report marriages and 

births to the department of health. 

Sec. 1,239. For every omission of any per- 
son to malce and keep the registry of marri- 
ages and births required by the preceding 
sections, and for even - omission to report 
a written copy of the same to said department 
of health, within ten days after any birth or 
marriage provided to be registered, and for 
every omission to make the report of any 
death, birth or marriage, the person guilty 
of 6uch omission shall be guilty of a misde- 
meanor; and, in addition thereto, the offender 
shall also bfe liable to pay a fine of one hun- 
dred dollars, to be recovered in the name of 
the department of health of the city of New 
York, before any justice or tribunal in said 
city having jurisdiction of civil actions. But 
no person shall be liable for such fine, or sub- 
ject to arrest and imprisonment for not mak- 
ing the report herein required. If an excuse 
,1s presented to the board of bealth for such 
omission, which the said board shall decide 
to be sufficient, in which event the said board 
of health is hereby empowered to excuse the 
said omission. 

Record of births, marriages and deaths. 

See. 1,240. The department of health shall 
keep a record of the births, marriages and 
deaths reported to it; the births shall be 
numbered and recorded In the order in which 
theyare received by it;and the record of births 
shall state, in separate columns, the place 
and date of birth, the name, sex and color of 
the child, the names and residence of the 
parents, as fully as they have been received, 
and the time when the record was made. The 
marriages shall he numbered and recorded In 
the order in which they are received by the 
department; and the record thereof shall 
state. In separate columns, the date of mar- 
riage, name, residence and official station, if 
any, of the persons, by whom married, the 
names and surnames of the parties, age. the 
color and conditions of each; whether single 
or widowed, and the time when the record 
was made. The deaths shall be likewise 
numbered and recorded, and the record there- 
of shall state, in separate columns, as far 
as the same is reported, the date of decease, 
name and surname, condition, whether sin- 
gle, married or widowed, age, place of birth, 
place of death, occupation, names of the par- 
ents, when an infant without name; disease, 
direct or indirect cause of death, color, and 
last place of residence of such deceased per- 
son, and the time when the record was made. 
Said department shall perform all the duties 
by this section imposed, as a part of its reg- 


ular duties, and no fees shall be demanded 
or received by reason thereof. 

Registration of births not previously recorded. 

Sec. 1,241. The births of the children of 
actual residents of the city of New York 
which may have occurred during the tem- 
porary absence of the parents of such chil- 
dren from the city of New York, and the 
births of children which failed to be re- 
corded through the neglect of the physician 
or other medical attendant present at such 
birth, may be recorded in the bureau of 
records of the health department of said city, 
in a special book, to be kept for such purpose, 
upon the application in such behalf by the 
parents or guardians of such children. Such 
application shall be made to the board of 
health, and shall be accompanied by a certifi- 
cate of the physiciau or midwife attending 
professionally at such birth and personally 
cognizant thereof, together with the affidavit 
of at least two citizens, certifying to their 
knowledge of the facts, and that the phy- 
sician or midwife making such certificate 
of birth is a reputable person in good stand- 
ing in the community in which he or she may 
reside. No change or alteration shall, at any 
time, be made in any of the records of the 
said bureau of records in said city without 
proof satisfactory to and upon the approval 
of the said board of health. Transcripts of 
any record in said bureau of records may be 
given. In the discretion of the department of 
health, to a parent or the neft of kin of any 
person authorized to apply for the same, but 
no transcripts of false or fraudulent returns 
made to the said bureau, nor of the entries 
thereof shall be given, and they shall be can- 
celed upon due proof of the facts to the de- 
partment of health. Transcripts of these 
I records when required shall be on such forms 
| as the board of bealth may prescribe, and for 
them the usual fees for copies of records may 
be received. 

TITLE 3. 

DUTIES OF PHYSICIANS ANDOTHERS. 

Report of pestilential, infectious and conta- 
gious diseases. Deaths. • 

Sec. 1,247. It shall be the duty of each and 
every practicing physician in the city of New 
York: 

1. Whenever required by the department of 
heaittt to report to said department, at such 
times, in such forms as said deportment may 
prescribe, the number of person's attacked with 
any pestilential, contagious, infectious disease 
attended by such physician for the twenty-four 
hours next preceding, stating the name of 
such patient and the name and place where he 
shall then be; and the number of persons at- 
tended by such physician, who shall have died 
in said city, during the twenty-four hours next 
preceding such report, of any such pestilential, 
coctagious or infectious disease. 

2. To report, in writing, to the said depart- 
ment every patient he shall have laboring 
under any pestilential, contagitnis ox infec- 
tious disease, and within twenty-four hours 
after he shall ascertain or suspect the nature 
of the disease. 

3. To report to the said department when re- 
quired by it the death of any of his patients 
who shall have died of disease within twenty- 
four hours thereafter and to state in such re- 
port the specific name and type of such dis- 
ease. 

Affidavit may be required. 

Sec. 1,248. The departmen t of health may re- 
quire of any physician not less than three 
ticurs after service of a demand thereof upon 
him, an affidavit, stating therein whether he •' 

) 


has or has not any patient, who, ih his opin- 
ion, shall then be sick of a pestilential, con- 
tagious or infectious disease, and if he has any 
such patient, to state in such affidavit his or 
her name, and the house o.r place in said city 
where he or she shall then be, and the nature 
or name of such disease, to the be3t of his 
knowledge and belief. 

Penalty for failing to report. 

Sec. 1,249. Every practising physician who 
shall refuse or neglect to perform the duties 
enjoined on him by the foregoing section shall 
be considered guilty of a misdemeanor, and 
shall also forfeit few each offense the sum of 
two hundred and fifty dollars, to be sued for 
and recovered by the department c-f health. It 
shall be the duty of each visiting, hospital and 
consulting physician to make an immediate 
report to the department of health of the name 
of every practising physician by whom he shall 
have reason to believe the provisions of said 
section have been violated; and if such physi- 
cian shall neglect or refuse to perform his 
duty.the department shall order him to be sus- 
pended from any office he may hold, and he 
shall, moreover, be liable to such further pen- 
alty and to such prosecution for his violation 
of this law and of his duty as the beard of 
health shall determine. 

Boarding and lodging-house keepers may be 

required to report. 

Sec. 1,250. Every person keeping a board- 
ing or lodging bouse in the city shall, when- 
ever required by the department of health, 
report, in writing, to the department the 
name of every person who shall be sick in 
his house within twelve hours after each 
case of sickness shall have occurred. 

Masters, etc., of vessels to report. 

Sec. 1,251. Every master, owner or con- 
signee of a vessel lying at a wharf or in 
the harbor of the city of New York, shall 
make a like report, and within the same 
period, of the name of every sick person on 
hoard of such vessel; and no person shall be 
removed therefrom without a written permit 
for that purpose from the department of 
health. 

TITLE 4. 

LEGAL PROCEEDINGS AND PUNISH- 
MENT FOR DISOBEDIENCE OF 
ORDERS AND ORDINANCES. 

Order for examination before justice of supreme 

court. 

Sec. 1,257. Any justice of the supreme 
court of the first or second department, or 1 
who is holding court or chambers therein, 
upon the written application of the board of \ 
health, may issue his order, by him sub- ! 
scribed, for the examination without unrea- j 
sonable delay by or before such justice of 
any person o>r persons, and the production 
of books or papers or the inspection and 
taking of copies of the whole or parts there- 
of, at a time and place within said city, and 
in said order to be named; and it shall be 
the duty of such justice to take or superin- 
tend such examination, which shall be under 
oath, and shall be signed by the party or 
parties examined and be certified by said 
justice, and with any copies of books or pa- 
pers, to be delivered to said health department 
for the use of said department. And such 
examination, and any proceeding connected 
therewith, or under said order, may wholly 
or in part be had, conducted or continued 
by or before any other of said justices, as well 
as that one who made said order; and in and 
about the same, every such justice shall have 


THE CHARTER FOR THE GREATER NEW 


as full power and authority to punish for 
contempt and enforce obedience to his said 
or other order or directions respecting the 
matter aforesaid (or that of any other judge), 
as any such justice of the supreme court may 
now have or shall possess to enforce obedi- 
ence or punish contempt in any case or mat- 
ter whatever. Such application shall name 
or describe the person or persons whose ex- 
amination is sought, and, so far as possible, 
the books or papers desired to be inspected 
and the matters or points affecting life or 
health as to which the board of health re- 
quests the examinaion to take place, and the 
justice shall, on the proceedings, decide what 
questions are pertinent and allowable in re- 
spect thereto and shall require the same to 
be properly answered; but no answer of any 
person so examined shall be used in any 
criminal proceeding. Sea-vice of any order 
of any such justice may be made and the 
same proved In the same manner as the 
service of either an injunction or of a sub- 
pena. And it shall be the duty of said justices 
to facilitate the early determination of the 
aforesaid proceedings. 

Appearance and examination of witnesses. 

Sec. 1,258. Upon the application of any par- 
ty in interest in any matter pending exam- 
ination before said department of health, by 
affidavit, stating the grounds of such appli- 
cation, to any judge of a court of record, and 
asking that any person or persons therein 
named shall appear before said department of 
health, or any person taking or about to take 
such examination, at some time or times and 
place to be stated in the said affidavit, it 
shall be the duty of such judge, if he shall 
discover reasonable cause so to do, to issue 
his order requiring such person or persons 
named to appear and submit to such exam- 
ination as, and to the extent, such order may 
state, at the time and place to be in said or- 
der named; and such order, signed by such 
judge, may be served, and shall in all respects 
be obeyed as asu'bpena duly issued; and a re- 
fusal to submit to the proper examination 
may be punished by such judge or by any 
judge of such court as a contempt of court, 
upon the facts as to such refusal being 
brought before any such judge by affidavit. 

The health department as party plaintiff and 

defendant. 

Sec. 1,259. In all actions and proceedings 
heretofore commenced and now pending, 
against either of the cities of New York, 
Brooklyn or Long Island City or the town au- 
thorities and public officers in Kings and 
Richmond counties and the part of Queens 
county, now to form a part of the 
city of New York, or against the de- 
partment of health, board of health or 
sanitary officers in any part of said terri- 
tory, in which any action, order, regulation, 
ordinance or proceeding of any of the health 
departments, boards of health or sanitary offi- 
cers thereof, is called in question or made 
the subject of the action or proceeding, the 
department of health of the city of New York 
shall have the right to appear, answer and 
take part; and in all such actions and pro- 
ceedings hereafter commenced the said health 
department shall be a necessary party, and 
have the right to appear and to take part 
therein. The said department may institute 
and maintain all suits and proceedings which 
are reasonable, necessary and proper, to car- 
ry out the provisions of the laws under which 
the said department acts, and may sue and be 


sued by the proper name of the department 
of health of the city of New York. 

Injunctions when not to be granted against de- 
partment. 

Sec. 1,260. No preliminary injunction shall 
be granted against the department of health, 
or its officers, except 'by the supreme court, 
at a special or general term thereof after 
service of at least eight days’ notice of a mo- 
tion for sudh injunction, together with copies 
of the papers on which the motion for such 
injunction is to be made. Whenever said de- 
partment shall seek any provisional remedy, 
or shall prosecute any appeal, it shall not 
be necessary before obtaining or prosecuting 
the same to give any undertaking. 

Proceedings presumed legal. 

Sec. 1,261. In all judicial proceedings the 
actions, proceedings, authority, and orders 
of said department shall at all times be re- 
garded as in their nature judiclal.and 'be treat- 
ed as prirna facie just and legal. In any suit, 
the right of said department or the police 
department to make any order, or cause the 
execution, thereof, shall be presumed. 

Violation of department orders, actions for. 

Sec. 1,262. Whoever shall violate any pro- 
visions of 'this chapter, or any ord'er of said 
department made under the authority of the 
same, or by any bylaw or ordinance therein 
referred to, or shall obstruct or interfere with 
any person in the execution of any order of 
said department, or any order of the police 
department in pursuance or execution of the 
orders of the department of health, or wil- 
fully omit to obey any such order, shall be 
guilty of a misdemeanor, and be liable to be 
indicted and punished for such offense; and 
in cases where it was made a misdemeanor 
to do or omit any act or thing, when any 
power or authority hereby conferred upon the 
board cf health or department of health, was 
exercised by any other hoard of health or 
officers, the omission or doing of such, or a 
corresponding act or thing, which this chap- 
ter requires, or contemplates to be done or 
forbids, shall in like manner be a misde- 
meanor, and the offender shall be liable to 
indictment and punishment for the same. A 
willful omission or refusal of any individual, 
corporation, or body to conform to any regu- 
lation of said department duly made for the 
protection of life or the care, promotion, or 
preservation of health, or the carrying out 
of the purposes of this chapter, pursuant to 
its power or authority, shall 'be a misdemean- 
or, and the person or officers guilty thereof 
shall he liable to indictment and punishment 
as for a misdemeanor. All prosecutions and 
proceedings against any person for misde- 
meanor under this chapter may be had 
or tried before any judge or tri- 
bunal having jurisdiction of any misde- 
meanor within said city. Any person, cor- 
poration, or body which may have wilfully 
done or omitted any act or thing which is, 
in this chapter, or by any law or ordinance, 
or the sanitary code referred to, declared to 
be, or to subject the party guilty thereof to 
punishment for a misdemeanor, shall, in addi- 
tion thereto, be subject to a penalty of two 
hundred and fifty dollars, to be sued for and 
recovered by said department in any civil 
tribunal in said city. Where in any case 
the minimum penalty for a refusal to obey, 
or for a violation of any order, regulation, or 
ordinance of said department of health, or 
any law, Is not fixed, the amount recovered 
in such case shall not be less than twenty dol- 
lars, and the judge or justice who presided at 
a trial where such penalty is claimed shall. 


YORK. 127 


on said trial, in writing, fix the amount, not 
contrary to said provisions, of said penalty 
to be recovered, and shall direct such amount 
so fixed to be, and it shall be included in the 
judgment. Any such suits may be against 
one or more, or all of those who participate 
in the act, refusals, ot omissions complained 
of, and the recovery may be against one or 
more of those joined in the action as the 
justice of the court shall direct. The provis- 
ions of this section as to the jurisdiction of 
tribunals, parties and costs shall apply to ail 
suits by said department or its assignee, or 
the assignees of the police department under 
this chapter. All processes and papers usual 
or necessary in the commencement and prose- 
cution of actions, or for the collection of 
money in suits or proceedings under this 
chapter, on execution, may be served by any 
policeman, and In and about such matters the 
policeman so engaged shall have all the pow- 
ers of marshals and no fees shall be charged 
by any court, magistrate, or clerk for the is- 
sue of any paper or process, or the perfor- 
mance of any duty in suits under this chapter. 
Any civil action brought under or by author- 
ity of this chapter may be brought in any 
court in said city, having jurisdiction in 
any civil action to an amount as large as Is 
demanded In such action; and if judgment 
be rendered for the plaintiff in any amount, 
costs of the court in which action is brought 
shall also be recovered, without reference to 
the amount of the recovery, provided payment 
was demanded before cult was brought, and 
the defendant or defendants in the action 
against whom the recovery is had, did not, as 
the code of civil procedure authorizes, offer to 
pay an amount equal to the recovery against 
him or them, except that in cases where the 
recovery shall be less than $50, the amount of 
costs shall be $10; and in case no recovery is 
had, the plaintiffs shall not pay costs unless 
the judge or justioe, at the conclusion of the 
trial, shall certify in writing that there was 
not reasonable cause for bringing the action, 
and in such case the costs shall not exceed 
$10, unless the amount claimed exceeded $50. 
No action shall abate, or right of action al- 
ready accrued be abolished, by reason of the 
expiration, repeal or amendment of an ordi- 
nance, code or sanitary ordinances, or regula- 
tion of said department; nor shall any court 
lose jurisdiction of any action by reason of a 
plea that title to real estate is involved, pro- 
vided the defendant is sought by the plead- 
ings to be charged in said action on any of 
the grounds mentioned in this chapter, other 
than by virtue of ownership of such real es- 
tate. In respect to all proofs and proceed- 
ings by said department, or its agents or 
officers, under this chapter, papers filed shall 
be deemed entered upon or in the minutes of 
the department. 

Arrests for violation of rules. 

Sec. A, 263. The board of health having first 
entered on the minutes of department of 
health, or filed in its records, what it may 
regard as adequate proof of a violation or re- 
sistance by any persons in said city, of any 
law or ordinance, the authority relating to 
which is given to said department, or of any 
order made by said board or said department, 
may ord'er, by warrant, under its seal and 
attested by the signature of its secretary, and 
indicating, as far as conveniemtly practicable, 
the time, place and nature of the offense com- 
mitted, the arrest of any such person, and 
such order of arrest shall be of the same 
effect and shall be executed as a warrant 
from a justice or judge, duly issued; and the 
party arrested shall be taken before a magis- 
trate, and thereupon and thereafter shall, by 
all officers, be treated as being, and have the 


128 


THE CHARTER FOR THE GREATER NEW YORK. 


rights and liability of a party under arrest 
by order of the proper officer or tribunal, for 
a misdemeanor, of the nature indicated in 
said order of arrest. 

Id. By member of police force or officer of de- 
partment of health. 

Sec. 1,264. Any member of the police force 
and every inspector or officer of said depart- 
ment of health, as the regulations of either 
of said departments may respectively provide 
relative to Its own subordinates, may arrest 
any person who shall, in view of such member 
or officer, violate, or do, or be engaged in do- 
ing or committing in said city, any act or 
thing forbidden by this chapter, or by any law 
or ordinance, the authority conferred by which 
is given to said department of health, or who 
shall, in such presence, resist or be engaged 
In resisting the enforcement of any of the 
orders of said department or of the police de- 
partment pursuant thereto. And any person 
so arrested shall be thereafter treated and 
disposed of as any other person duly arrested 
for a misdemeanor. 

Id. Upon complaint of magistrate, trials, 

fines, etc. 

Sec. 1,265. Upon the complaint of any citi- 
zen of the city, against any person for viola- 
tion of any rule, sanitary regulation, ordinance 
or order, made to any magistrate having juris- 
diction in criminal cases, such magistrate shall 
order the arrest of any person against whom 
such complaint is made, as in any other case of a 
oriminal offense, and by his warrant may re- 
quire any policeman or constable to make 
such arrest, and may, after such arrest, 
proceed summarily to try such person for 
such alleged offense; but no sudh trial shall 
be had on any arrest made in the city without 
sufficient notice thereof being first given to the 
department of health. And upon an applica- 
tion in behalf of said department, made before 
the trial is commenced, the trial of such per- 
son, together with the papers, shall be re- 
mitted to the court of special sessions, upon 
which court jurisdiction to try such persons 
is hereby conferred; but the right of any per- 
son to elect to be tried before a jury, as it 
may now exist, is not affected by any thing 
herein contained. If such person shall, upon 
such trial, be found guilty, he or she may be 
punished in the same manner as is provided 
for the punishment of persons found guilty of 
a misdemeanor. Reports of all such trials 
and of fines imposed for violations of this 
cfhapter, or the sanitary code, shall be made 
monthly to said department, by the justice 
before whom trials are had. But nothing in 
this section contained shall be construed as in 
any manner limiting any powers, penalty and 
punishment In this chapter elsewhere con- 
ferred. 

False returns and deceptive reports; how pun- 
ished. , 

Sec. 1,266. If any person shall knowingly 
make to said department of health, or any of- 
ficer thereof, any false return, statement, or 
report relative to any birth, death or mar- 
riage, or other matter concerning which a 
report or return may be legally required of, 
or should be made by, such person; or if any 
member, inspector, or officer, or any agent 
of said department of health shall knowingly 
make to said department of health any false 
or deceptive report, or statement in connec- 
tion with his duties, or shall accept or re- 
ceive, or authorize, or encourage, or know- 
ingly allow any other person to accept or re- 
ceive any bribe or other compensation as a 
condition of or inducement for not faith- 
fully discovering and fully reporting, or other- 


wise acting, according to his duty in any 
respect, then any and every such person shall 
be deemed guilty of a misdemeanor, and shall 
be liable to be for such crime indicted, tried 
and punished according to law, and shall, in 
addition, forfeit all compensation due or to 
grow due from said department. 

False personation as an officer of department ; 

penalty. 

Sec. 1,267. It shall be a misdemeanor, punish- 
able by imprisonment in the penitentiary, for 
not less than one year nor exceeding two 
years, or by a fine of not less than $250, for 
any person, not an officer of or under the au- 
thority of the department of health, to false- 
ly represent himself as such, with a fraudu- 
lent design upon persons or property, or to 
have, use, wear, or display, without author- 
ity, any shield, or other insignia or emblem 
such as is worn by such officer. 

Boarding and lodging house keepers and mas- 
ters of vessels. 

Sec. 1,268. Every keeper of a boarding or 
lodging-house, and every master, owner, or 
consignee of a vessel who shall refuse or neg- 
lect to obey the orders and directions of the 
department of health, as provided by this 
act, shall be considered guilty of a misde- 
meanor, and on conviction shall be fined for 
each offense in a sum not exceeding $250, or be 
imprisoned for a term not exceeding six 
months. 

Officers and magistrates to act promptly. 

Sec. 1,269. It shall be the duty of 
all prosecuting officers of criminal courts 
and city magistrates to act promptly up- 
on all complaints, and in all suits or 
proceedings for any violation of this chap- 
ter, and in all proceedings approved or pro- 
moted by said department, and to bring the 
same to a speedy hearing or termination and 
to render judgment and direct execution 
therein without delay. 

TITLE 5. 

REIMBURSEMENT FOR EXPENSES. 

Joint and several liability of owners, lessees, 

and occupants of property, and assignment 

of claims for expenses of execution of orders 

thereon. 

Sec. 1,275. It is hereby declared to be the 
duty, of which there shall be a joint and sev- 
eral liability of every owner and part owner 
and person interested, and of every lessee, ten- 
ant and occupant of or in, any place, water, 
ground, room, stall, apartment, building, erec- 
tion, vessel, vehicle, matter and thing in said 
city, and of every person conducting or inter- 
ested in business therein or thereat, and of 
every person who has undertaken to clean any 
place, ground or street therein, and of every 
person, public officer and board having charge 
of any ground, place, building or erection 
therein, to keep, place and preserve the same 
and every part, and the sewerage, drinage and 
ventilation thereof in such condition, and to 
conduct the same in such manner that it shall 
not be dangerous or prejudicial to life or 
health, subject to the ordinances of the sani- 
tary code and the orders of the board of health. 
Any claim for expenses consequent upon the 
execution of an order of the board of health, 
occasioned by a violation of said duty above 
declared and set forth, may be assigned by the 
board of health to any person not an officer of 


the health department, who shall execute such 
order and perform the required work. 

On what expenses to be a hen. 

Sec.' 1,276. The expenses attending the exe- 
cution of any and all orders duly made by the 
board of health shall respectively be a several 
and joint personal charge against each of the 
owners or part owners and each of the lessees 
and occupants of the building, business, place, 
property, matter or thing to which said order 
relates, and in respect of which said expenses 
were incurred; and also against ewery person 
or body who was by law or contract bound to 
do that in regard to such business, place, 
street, property, matter or thing which said 
order requires, and said expenses shall also be 
a lien on all rent and compensation due, or to 
grow due, for the use of any place, room, 
building, premises, matter or thing to which 
said order relates, and in respect of which said 
expenses were incurred, and also a lien on all 
compensation due, or to grow due, for the 
cleaning of any street, place, ground or thing, 
or for the cleaning or removing of any mat- 
ter, thing or place, the failure to do which by 
the party bound so to do, or doing of the same 
in whole or in part by order of said depart- 
ment, was the cause or occasion of any such 
order or expense. 

Suit for expenses. 

Sec. 1,277. Said department of health, its 
assignee or the party who has under Its order 
or that of the police department, acting there- 
under, incurred any expense or has rendered 
service for which payment is due, and as the 
rules of said department of health may pro- 
vide, may institute and maintain a suit 
against any one in this chapter declared liable 
for expenses, or against any person, firm or 
corporation owing, or who may owe such 
rent or compensation, and may recover the 
expenses so incurred under any order afore- 
said. And only one or more of such parties 
liable or interested may be made parties to 
such action as the department may elect, but 
the parties made responsible as aforesaid for 
such expenses shall be liable to contribute or 
to make payment as between themselves, in 
respect of such expenses, and of any sum re- 
covered for such expenses or compensation, 
or by any party paid on account thereof, ac- 
cording to the legal or equitable obligation 
existing between them. 

Expense of executing orders to be a lien. 

Sec. 1,278. The said department, its assignee 
or any person acting under its authority,* in 
executing any order of said department, shall 
have a lien for the expenses necessarily in- 
curred in the execution of said order, and 
said expenses shall be a lien upon the land 
and buildings upon or in respect of which, 
or either of which, the work required by said 
order has been done, or expenses incurred, 
which lien shall have priority over all other 
liens and Incumbrances, except taxes and 
assessments. But no such lien shall be 
valid for any purpose till the said department 
or person shall have caused to be filed in the 
office, or with the officer where notices of 
mechanics’ liens are now or may be hereafter 
required to be filed, a notice containing the 
same particulars as required to be stated with 
reference to mechanics’ liens, with the fur- 
ther statement that the expense has been in- 
curred in pursuance of an order of said 
department, and giving its date. Upon such 
filing the said officer shall make the same en- 
try on the book or index in which mechan- 
ics Hens are entered as he is required to 
enter in cases of mechanics’ liens, together 
with a reference to said order by date, and 


THE CHARTER FOR THE GREATER NEW YORK. 


129 


thereafter the same shall, except as herein- 
elsewhere provided, have the same effect in 
all respects as a mechanics’ lien, and all pro- 
ceedings with reference to said lien, its en- 
forcements and discharge, shall be had and 
carried on in the same manner as similar pro- 
ceedings with reference to mechanics’ liens are 
now or may be hereafter by law had or carried 
on. The filing of such statement shall as 
to all persons have the same effect a6 filing 
of notice of mechanics’ liens; and unless with- 
in two months after actual notice of such filing, 
proceeding are taken by the party against whom 
or whose said property a lien is claimed, to 
discharge such lien, the filing shall, as to all 
persons having such actual notice, become 
conclusive evidence that the amount claimed 
in such statement, with interest, is due, and 
is a Just lien upon said land and building. 
Such lien shall continue to be a lien for the 
space of four years from the time of filing 
such statement, unless proceedings are in the 
meantime taken to enforce or discharge the 
same, which may be done at any time 
during its continuance. In case proceedings 
are so taken. It shall remain a lien until the 
final termination of such proceedings; and if 
such proceedings shall result in a judgment 
for the amount claimed In such statement, or 
any portion thereof, such judgment shall, to 
such extent, be a lien In the same manner, 
and from the said time as said statement. 

Statement of expense of executing orders to be 

published. 

Sec. 1,279. When the board of health shall, 
through Its own officers and men and means 
have executed, or so far executed as said de- 
partment may require, any order, the ex- 
penses of such execution, giving in general 
terms the items of such expense and the date 
of execution, ^ball he stated in an affidavit, 
and the same shall be filed among the records 
of said department with the order so exe- 
cuted; and said department shall take care 
by, or through some proper officer, or other- 
wise, that the expenses of such execution be 
so stated with fairness and accuracy; and 
when it shall appear that such execution, or 
the expenses thereof, related to several lots 
or buildings belonging to different persons, 
said affidavit shall state what belongs to, or 
arose in respect to each lot of said several 
lots or buildings, as said beard of health or 
its authorized officer may direct; and the cor- 
rectness of such apportionment of expenses, 
as stated in any such affidavits, shall not be 
called in question or reviewed elsewhere than 
before said board, but said board may re- 
vise and correct the same, as truth and justice 
may require. Whenever the expenses attend- 
ing the execution of any order of said hoard 
of health may be made the subject of a suit 
by said department, or its assignee or the 
person having a right to recover such ex- 
penses, there may be joined in the same suit 
a claim or claims for any penalty or penalties 
for violations of any provisions of this chap- 
ter, or for the violation or omission to per- 
form or obey said order (or any prior order 
of said department), or for the not doing of 
that, or any portion of that, for the doing 
of which, said expenses arose or were incurred, 
and said department may make an assignment 
of the claim for any such penalty or penalties, 
to enable the claim for the same and the 
claim for said expenses to be joined in the 
same suit; and the proper joint of several 
Judgments may be had against one 01 more 
of the defendants in the suit, as they or either 
of them may be liable in respect of both said 
claims, or either or any of them. And said 
expenses of executing said order, and the 
expenses of executing any judgment in any 


abatement suit in this chapter provided for, 
and the several Judgments that may be recov- 
ered, hereunder, or otherwise, for any such 
penalty or expenses, or for both such penalty 
and expenses together, until the samo are 
paid or discharged, shall be a lien as other 
judgments, and also a lien and charge upon 
rent and compensation due or then maturing 
from any tenant or occupant of the building, 
lots and premises, or the parts there- 
of to which any such order or judg- 
ment relates, or in respect of which any 
such expenses were incurred. And such ex- 
penses and judgments shall respectively be a 
lien on all compensation due or to grow due 
for the cleaning of any street, place, ground, 
or thing, or for the cleaning or removal of any 
matter, thing, or place, the failure to do 
which by the party bound so to do, or the 
doing of the same In whole or in part by order 
of said department, was the cause or occa- 
sion of any such charge or expense. For the 
purpose of rendering such lien and charge 
more effectual to secure payment of any such 
expenses or judgment, from any rent or com- 
pensation aforesaid, proceedings may be taken 
as follows: 

1. The department of health, or any person 
owning any such judgment, or the olaim for 
any such expenses, or having a right to 
receive payment therefor, may serve a copy 
of the order under or by reason of which such 
expenses were authorized or incurred with 
a copy of any affidavit stating the expenses of 
the execution of such order, or if the claim 
be a judgment, may serve a transcript of such 
judgment and any affidavit showing the ex- 
pense of its execution, if there be any, upon 
any person or corporation owing, or who is 
about to owe any such compensation, or ow- 
ing or about to owe any rent or compensation 
for the use or occupation of any grounds, 
premises or building, or any part thereof, to 
which said order or judgment relates, and in 
respect of which such expenses embraced in 
said judgment related or were incurred, and 
may, at any time of such service, demand In 
writing that such rent, or any such compensa- 
tion to the extent of said claims for said ex- 
penses, or of any such judgment or expense 
in executing the samo shall, when such rent 
or compensation becomes due and payable, be 
paid to the department of health. 

2. After tho service of the papers afore- 
said and such demand, any tenant, lessee, oc- 
cupant, or other person owing, or about to 
owe, any such rent or any such compensa- 
tion, shall, when such rent or any such com- 
pensation shall mature, or become payable, 
pay the same, and from time to time pay any 
other amount thereof, as the same may be- 
come due and payable, or so much thereof as 
is sufficient to satisfy any such judgment or 
claim for expenses, or both, so served, to said 
department of health, and a receipt shall be 
given therefor, stating on account of what 
order or judgment and expenses the same has 
been paid and received; and the amount so 
received shall be deposited where other funds 
of said department are kept, to tho special ac- 
count of such department. 

3. Any person or corporation refusing or 
omitting, as herein directed, to make such pay- 
ment to the department of health, after service 
of the paper and demand aforesaid, as herein 
required, shall be personally liable to said de- 
partment of health, or to the party owning 
any such claim for expenses or judgment, if 
not belonging to said department, for the 
amount that should have been paid to said 
department according to the provisions here- 
of, and may by such party or health depart- 
ment be sued therefor; and such persons shall 
not in such suit, dispute or call in question the 
authority of said department of health to in- 


cur, or order such expense, or of its assignee 
therein, or the validity or correctness of such 
expenses or judgment in any particular, or 
the right of the party making such demand, 
or his assignee, to have the same paid from 
such rent or compensation. But the receipt 
of such department for any sum paid as afore- 
said shall, in all suits and proceedings, and for 
every purpose, be as effectual in favor of 
any person holding the same, as actual pay- 
ment of the amount thereof to the proper land- 
lord, lessor, owner, or other person or per- 
sons who would, but for the provisions of this 
title, and of said demand, have been entitled 
to receive the sum so paid. And it is further 
expressly declared that no tenant or occupant 
of any lot, building or premises, or his or their 
assignee or lessee, shall be disposessed or dis- 
turbed, nor shall any lease or contract, or 
rights, be forfeited or impaired, nor any for- 
feiture or liability be incurred by reason of 
any omission to pay to any landlord, owner, 
lessor, contractor, party, or other person, 
the sum so paid to said department of health, 
or any part thereof. 

Department to retain moneys till twelve days 

after notice. 

Sec. 1,2S0. The said department of health 
shall retain money so paid until twelve days 
after it shall be made to appear to said de- 
partment of health, or some proper officer 
thereof, by satisfactory affidavit, that the 
party or parties, or his or their agent for 
the collection, of any such rent or compen- 
sation, who, but for the provisions hereof 
would have been entitled to receive the same, 
has had written notice of such payment being 
made; and if at the end of said twelve days 
the party or parties aforesaid, so notified, 
have not Instituted suit to recover said 
money, as hereinafter provided, then it shall, 
by said department, be paid to any person 
who may own or have the right to recover 
the amount of the judgment or the claim for 
expenses, or so much thereof as the party 
may be entitled to, or on account of which 
the money was paid to said department, and 
after such payment the party or parties afore- 
said shall have no right to demand or re- 
ceive any such money, unless they shall with- 
in six calendar months from the expiration of 
said twelve days in a suit alleged that they 
had no notice' of such payment, and shall, on 
the trial of such suit, prove said allegation, 
and also that they were not liable to 
pay the said claim for expenses, or the said 
penalty or judgment, and that the said de- 
partment had not jurisdiction to order tile 
expenses aforesaid, on account of which the 
money was so paid, or on which any such 
judgment was obtained, and in case of a re- 
covery in such suit it shail be only to the 
extent that such parties were not so liable, 
and in such suit any person or persons who 
may have received said money from, said de- 
partment, or said department shall, by the 
plaintiff, be made a party defendant; and. if 
the plaintiff shall recover such money or any 
part thereof, said department of health shail 
he entitled to any equitable judgment in such 
suit which the court may see fit to direct for 
recovering said money hack, or any part 
thereof, from such co-defendant, which had 
been paid to him by said department of 
health. 

Parties to suit brought after twelve days: 

costs against department. 

Sec. 1,281. In case any suit shall be brought 
under the last section, or before the expira- 
tion of the said twelve days, said depart- 
ment of health shall <be joined as a party de- 
fendant; and any person or persons odder 
than said department claiming die righi to 


130 


THE CHARTER FOR THE GREATER NEW YORK. 


receive said money on account of said order, 
expenses or judgment, or who has received 
the same, shall also by the plaintiff be made 
parties defendant; and no answer need ne 
made by said department except at its option, 
or further than the allegation that it holds 
said money so paid, and is ready to pay it 
over, as the result of the suit may render 
proper, and said money shall be held by said 
department pending said suit, if not paid 
over before suit brought as aforesaid, 
provided said suit he diligently prose- 
cuted to judgment; and on Us con- 
clusion the department of health shall 
cause the money, if still held by it, or the 
proper amount from its funds, to he paid as 
the determination of the suit may render 
proper; and no costs in any suit in this sec- 
tion mentioned shall be recovered against the 
department of health. But to entitle a plain- 
tiff to recover in any such last named suit he 
must make the same proof and establish the 
game facts as are required to enable him to 
recover in any suit in this title mentioned, 
except as to notice of payment to department. 

TITLE 6 . 

ABATEMENT BY SUIT. 

Huisance defined. 

Sec. 1,287. A wilful omission or refusal of 
any individual, corporation or body to forth- 
with abate any nuisance, as ordered by a reso- 
lution of the board of health, duly served 
upon them pursuant to the provisions of this 
act, or to conform to any ordinance of the 
sanitary code or any sanitary regulation of 
said board, duly made iVr the protection of 
life or the care, promotion or preservation of 
health, pursuant to its power or authority, 
shall be a misdemeanor, and the person or offi- 
cers guilty thereof shall be liable to' indict- 
ment and punishment as for a misdemeanor. 
In addition thereto every person, body or 
corporation that shall violate or not conform 
to any ordinance of the sanitary code, or any 
rule, sanitary regulation or special or general 
order of said hoard, duly made, shall be liable 
to pay a penalty not exceeding fifty dollars 
for each offense, which may bo sued for and 
recovered by and in tbe name of said depart- 
ment of health with costs, before any justice 
or tribunal In said city of New York having 
jurisdiction of civil actions. 

Suits to abate nuisances. 

Sec. 1,28S. For the abatement or remedying 
any of the nuisances mentioned cr declared in 
this chapter or by the board of health pursu- 
ant to the authority devolved and conferred 
upon it by this act, the board of health may 
institute and maintain in any court in said 
city having jurisdiction in suits where the 
amount elaimed exceeds one thousand .dollars, 
a suit or suits at law or in equity. And all 
costs collected In any such action or proceed- 
ing shall be paid over to the department and 
accounted for by it. To all such suits the 
provisions of this chapter, relative to juris- 
diction, costs, and parties, shall be applicable; 
and the courts shall allow the plaintiff, at any 
proper stage of the case, to amend, by join- 
ing other parties defendant; and no suit 
shall be dismissed or defeated by reason cf 
there being other persons interested therein, 
or concerned in causing, creating or maintain- 
ing the nuisance complained of in such suit. 

Id. Trial thereof. 

Sec. 1,289. Such suit shall he tried as an is- 
•uo of law, and without a jury, unless some 
defendant shall, in his answer, or by notice 
In writing to be served on plaintiff's attorney 
within five days after service cf said answer, 
demand a trial by jury on some quostion of 


fact, to he In said answer or notice distinctly 
stated, and in iespect of which a right of trial 
by jury exists, and If any such demand be so 
made and served, the case shall, as to all the 
defendants, be placed on the calendar of jury 
trial cases as a preferred case; and when 
moved for trial, if issues of fact for the jury 
have not before been settled, the presiding 
Judge may state in writing the issues of fact 
to be submitted to the jury, or the trial shall 
proceed upon the material issues cf fact made 
by the pleadings without such written state- 
ment of issues; and the judge who presided at 
the trial (or some judge of the same court, 
if said judge be unable to proceed therewith) 
shall, on receiving the verdict, or as soon 
thereafter, and at the same term, if possible, 
settle and cause to be entered the proper judg- 
ment in said suit. 

fd. Judgment: what to contain. 

Sec. 1,290. If the judgment be that any 
nuisance may be abated or remedied, in whole 
cr in part, said judgment shall contain suf- 
ficient directions for its proper execution, and 
the judge shall, from the pleadings and the 
evidence given at the trial, find and state 
what proportion of the expense of such exe- 
cution shall be paid or be borne by each or 
all of the defendants, jointly or severally; 
and if, in the opinion of the court, any part 
of, or all of the expense of such execution 
should be borne by said department of health, 
or the execution of such judgment should be 
made by said department, or under its direc- 
tion, said judgment shall contain the appro- 
priate directions in respect to such last 
named payment or execution. Said judgment 
if against any defendant, shall, on its face, 
state that it will be a lien on the real prop- 
erty, and corporeal hereditaments of such 
defendant or defendants respectively, to 
which the said nuisance shall have related, 
till his or their proportion of such expenses 
of execution are satisfied, or the lien thereof 
shall be otherwise discharged according to 
law. 

Lien of judgment; how removed. 

Sec. 1,291. Any person prejudicially affected 
by the lien of any such judgment may, on 
eight days’ notice to said department, make 
a motion before any judge of the court in 
which said judgment was rendered, for an 
order that the lien of such judgment be dis- 
charged, as to all or any specific property set 
forth ; and if it shall appear to such judge, on 
the hearing of such motion, that such eight 
days' notice of such motion has been given to 
the beard cf health, and that such judgment 
has been executed, and the expenses paid, 
which the lien sought to be discharged, was 
designed to secure; or, if a proper or suf- 
ficient undertaking cr bond, with sureties, 
shall be given for the payment of such ex- 
penses; or if the heard of health or its coun- 
sel shall, in writing, consent to the discharge 
of the last named lien, as to any cr all prop- 
erty referred to, cr as to one cr more defend- 
ants, then said judge may order said lien dis- 
charged of record by the proper officer, to 
the extent and as to the person or persons 
that the order shall specify; and it shall be so 
discharged; and such order and the moving 
papers shall be filed with the proper clerk, as 
the judge may direct. 

Appeals and stavs. 

See. 1,292. No appeal by any party defend- 
ant stall stay the execution of any judgment 
aforesaid, except to the extent, in reference 
to the persons, and on the condition's the 
judge who tried the case, or, seme other 
judge of the same court, shall, on the settling 
of the judgment, or on motion, on four days’ 


notice to ©aid department of health, with 
due reference to the public interests involv- 
ed, specially order; and it no such order shall 
he made, the judgment shall be executed, 
notwithstanding any appeal, undertaking, or 
security and without any liability on the part 
of any person.hy reason of any damages or 
consequences growing out of the execution 
of said judgment, whether the same be revers- 
ed or not. Al'l appeals hv the defendant from 
any judgment in the said abatement suits, 
shall be taken within ten days after notice 
In writing, to the defendant or his attorney, 
of the entry of the judgment therein, and the 
judge who tries the case may, in his discre- 
tion, order a stay as to the execution of the 
judgment, but only for the period of the said 
ten days, and within said period cf ten days 
an undertaking or security on appeal must 
'be filed, of the form and obligation required 
In ordinary appeals from judgments, but also 
to be conditioned for tho payment of the ap- 
pellants’ adjudged share of tho expenses of 
executing such judgment, or if not estimated 
in said judgment, as the judge, on applica- 
tion and three days’ notice to said depart- 
ment, shall estimate the same, in conformi- 
ty with the judgment, for the purpose of such 
security on appeal. But the execution of any 
judgment against the defendants rfra.ll not 
he delayed heyo-nd ten days, if within that 
period the proper undertaking ot security on 
appeal, approved by the judge, has not been 
filed, ana the appeal perfected, as herein pro- 
vided. The judgment may state the estimated 
expense that will have to be paid by any 
party toward executing said judgment; hut 
the beard of health may appeal in any such 
ease, or any case to which the health de- 
partment is a party within ten days after ;he 
entry of any judgment, and without giving 
any security; such appeal shall be effectual 
and shall operate as a stay on the part of the 
judgment in respect to which said department 
appeals. 

Claims for penalty may be joined in abatement 

suits. 

Sec. 1,293. In any such abatement suit said 
department may join a cause of action for 
any penalty or penalties that may have been 
incurred by either of the defendants, by rea- 
son ot. or in connection with, the nuisance 
complained of, or by reason of any omission 
or refusal Gf any defendant to obey or comply 
with any ordinance of the sanitary code or 
any order of the department of health touch- 
ing such alleged nuisance, and have the 
proper provision in any judgment therefor 
against one or mere of the defendants. No 
motion for a new trial on a case made shall 
be entertained in any such abatement suit, 
except as a part of, and as arising upon the 
papers upon a regular appeal to the appel- 
late division of the court, and to be heard 
therewith. 

Judgment of appellate division; what to con- 
1 tain. 

Sec. 1,294. The judgment of the appellate 
division, if it shall, to any extent, direct any 
change in the judgment appealed from, but 
shall direct, or allow or fall to forbid the judg- 
ment in part to be executed, shall also con- 
tain tho requisite specific provisions, so that 
the judgment, as modified, may be executed, 
and tho due proportion of the expenses of 
such execution may bo assessed on the de- 
fendants, respectively, or on said department, 
as the appellate division may adjudge. There 
may be an appeal from the appellate division 
to the court of appeals, in such abatement 
suit, and therein the provisions hereof as to 
appeals from the judgment to the appellate 
division, and as to the security on appeal, 


THE CHARTER FOR THE GREATER NEW 


ba.ll in all particulars, including the length 
i f time given in which to take an appeal, 
pply, except that no undertaking on its ap- 
eak is necessary on the part of the depart- 
uent of health, and no change In the code of 
1 i Ivil procedure, or otherwise, hereafter to be 
nade, though in subject-matter applicable 
1 j o said abatement suits, shall be construed to 
nodify the aforesaid or other provisions of 
; ! he health laws as to any suits thereunder, 
inless such act shall specifically declare such 
nodification to be intended. 

statement of expense of execution. 

Sec. 1,295. Upon the execution, In whole or 

I n part, of any such judgment, if said depart- 
ment shall, as it is hereby authorized to do, 
ilpeide the public interest to demand only 
Ijxecutiou in part thereof, a statement of the 
expenses of such execution shall be made, 
ind such expenses shall be therein appor- 
tioned not contrary to any provisions of said 
udgment; and upon the same being verified 
by the oath of some person who, by due au- 
thority, took part in, or had charge of the ex- 
ecution of such judgment, or by some officer 
of said department, such statement, entitled 
In the case, may be filed or given to the prop- 
er clerk to be filed, with such judgment; and 
notice of such filing or delivery, and a copy of 
such statement shall be given to the attorneys 
of the defendant in the suit, or to the de- 
fondants themselves, or to some one of the 
joint defendants; and unless within ten days 
after any such notice, such defendants shall 
give due notice, in writing, to said department, 
or to the person who, as assignee, or by or- 
der, executed such judgment or is entitled to 
payment of such expenses, in case it was not 
executed by said department, of a motion, and 
serve therewith copies of affidavits to correct 
such statement in particulars to be mentioned, 
aad s. parately and clearly stated in such affi- 
davit, such statement aforesaid shall be, in all 
suits, and proceedings, and tribunals, and at 
all times, deemed and taken to be final, conclu- 
sive and correct; and no formal defect in such 
statement shall in any wise vitiate the same. 
And on any hearing of such motion, any party 
in interest, or said department may read affi- 
davits in support of such original statement; 
and the finding of any judge on the hearing 
of such motion, as to the said statement of 
such expenses and other matters in such mo- 
tion involved, or statement contained, shall 
be final and conclusive and not subject to ap- 
peal, and such finding or statement as modi- 
fied by such finding when filed, shall be of the 
same effect as such original statement would 
have been had no motion in regard thereto 
been made; and for the purpose of an execu- 
tion for such expense, and creating a lien un- 
der any judgment, such statements and find- 
ing or modified statement shall be regarded as 
a part of said Judgment, and the lien there- 
of shall extend to any amounts stated in suen 
final stat'ement and finding. Insofar as any 
judgment may be directed to be executed at 
the expense of said department of health, or 
by any party defendant at his own expense, 
and shall by such party defendant be so ex- 
ecuted, the expense of such execution shall not 
be stated or embraced in the aforesaid state- 
ment or finding of expenses; but if any part of 
the execution aforesaid, which any party 
should have borne or paid, shall, by reason of 
the delay, refusal or defective act or execu- 
tion of such party, or any other cause, bo paid, 
borne, or incurred by said department of 
health, in and about the execution of such 
Judgment, then the said latter expenses of 
said department may bo embraced in said 


statement and finding, and collected by execu- 
tion as aforesaid. 

Execution thereupon. 

Sec. 1,296. For the proportion and amounts 
as authorized by such judgment and 
contained in such finding or in such 
statement or modified statement, when either 
of the same shall have become final as afore- 
said, said department, or any assignee of such 
department, or any other person who has ex- 
ecuted such judgment, or has otherwise a 
right to receive the expense of so doing, or 
the portion thereof that may be due from any 
defendant, shall have execution, on applica- 
tion ex parte, to a judge of the court in 
which the judgment was recovered, and such 
execution shall, in due rorm, be allowed by 
any such judge; such’ execution to be against 
any one or more defendants or joint defend- 
ants for the recovery of any amount due 
from such defendant, or defendants, which 
the party claiming such execution is entitled 
to receive; and such execution, except as 
herein especially provided, shall be of the 
same effect and form as any execution duly 
issue! pursuant to any judgment. But no 
execution shall be issued against any defend- 
ant for less than the whole sum due from 
such defendant, or for less than he shall be 
liable to pay In such suit; but any sum ad- 
judged against any defendant or defendants, 
In any such abatement suit for penalties, 
costs, or for other cause than the expense of 
the abatement or remedying of such nuis- 
ance, may be collected by separata or other 
executions, other than those authorized for 
collecting such ex-penses, to be Issued in due 
course of law. 

Injunction may be granted in abatement suits. 

Requisites. 

Sec. 1,297. In any abatement suit aforesaid 
the court or a judge thereof, may issue and 
enforce an appropriate preliminary injunc- 
tion, whenever it shall be asked for, by the 
board of health, and there shall appear to 
such judge to be reasonable cause therefor; 
and such injunction may also be granted 
whenever it shall be made to appear to the 
couri or a judge thereof, by affidavit, that 
such injunction is needed, to prevent any il- 
legal act, conduct, or business aforesaid, or its 
continuance, or to prevent any serious danger 
to human life cr serious detriment to health, 
or great public inconvenience, touching any 
matter or thing to which this act or the 
health laws aforesaid relate. And in any 
such injunction order the court may roquire 
any building, erection, or grounds to be put 
in a condition that will not be dangerous to 
the life or detrimcnal to the health of any 
occupant, before the same shall be leased, or 
rented, or occupied, or before any rent or com- 
pensation shall be collected for the rent or 
use of the whole or any portion of the same. 
In any such Injunction order, and also in any 
judgment in any abatement suit, the judge 
or court may require the tenants, lessees and 
occupants or either or any of them, of any 
such building, erection, or grounds, to pay 
rent thereof, or compensation therefor, due or 
to grow due to the health department, and 
said department to collect and receive and 
apply said rent to the payment of the ex- 
penses of putting any said building, erection, 
or ground in a condition that will not be dan- 
gerous to the life or detrimental to the health 
cf any present or future tenant, lessee or oc- 
cupant, or of any other person; all such col- 
lections and payments to be made in such 
manner, to such extent, and on such condi- 
tions as the court shall by order or judgment 
provide; and every such payment to said de- 
partment, and the receipt of its treasurer for 


YORK. 131 


such rent or compensation, shall be as effect- 
ual to protect any person who has made the 
same, and every such tenant, lessee and occu- 
pant, and all his and their rights under any 
lease or occupation, as if such payment bad 
been made to, and such receipt had been given 
by, lessor or owner, or any proper fclaimant 
of any such rent or compensation, who had, 
but for such order or judgment, the right and 
authority to receive tho same. But no under- 
taking or security shall be required or neces- 
sary on tho part of said department as a 
condition of granting such injunction or the 
same being effectual; and in any final judg- 
ment in such suit there may be enjoined what- 
ever, If about to happen or threatened, would 
be the proper subject matter of a preliminary 
Injunction. And when the public interest 
seems to the court to require a speedy trial 
or hearing of any such suit or appeal therein, 
it shall be the duty of any judge or any court 
aforesaid, or of the court to whom applica- 
tion by said board may be properly made, to 
cause such suit or appeal to be advanced and 
brought to a speedy trial, and before it would 
otherwise be reached by trial or argument 
in due course on the calendar, as the judge or 
court may by special order direct. 

Expenses of department of health to be paid out 

of its funds. 

Sec. 1,298. Whatever expenses said de- 
partment of health may lawfully and properly 
incur in the execution of any judgment afore- 
said, or in executing or in connection with 
its own orders, made In good faith, or In 
and about the discharge in good faith of Its 
supposed duties, or in satisfying any liabil- 
ity or judgment it may have In good faith 
incurred or suffered by reason of Its acts done 
In good faith as aforesaid, of in saAisfying any 
claim against its offleera or subordinates, aris- 
ing from their acts in the discharge, in good 
faith of their supposed respective duties, shall, 
so far as established, be paid out of its 
fund or other moneys appropriated to such 
purpose or to its use. 

TITLE 7. 

TENEMENT AND LODGING HOUSES. 

Construction generally. Halls ana windows, 

etc. 

Sec. 1,204. Every house, building or portion 
thereof, in the city of New York, used, oc- 
cupied, leased or rented for a tenement or 
lodging house must conform in its construc- 
tion, appurtenances and premises to the re- 
quirements of this title, and its use and 
occupation shall be regulated subject to the 
ordinances of tho sanitary code, applicable 
thereto, and the orders of the board of health 
duly made, pursuant to Its authority, duty 
and powers conferred and enjoined upon It In 
this chapter. If occupied by more than one 
family cn a floor, and if the halls do not open 
directly to the external air, with suitable 
windows, without a room or other obstruc- 
tion at the end, it shall not be used, occupied, 
leased or rented, unless sufficient light and 
ventilation is otherwise provided for in said 
halls, approved so far as relates to construc- 
tion by the department of buildings, and if the 
building be completed, approved so far as re- 
lates to health and sanitary conditions, by 
the board of health. 

Definitions. 

Sec. 1,305. A tenement house within the 
meaning of this title shall be taken to mean 
and include any house or buiCding or portion 
thereof, which is rented, leased, let or hired 
out, to be occupied, or is occupied as the 
home or residence of three families or mot* 


133 THE CHARTER FOR THE GREATER NEW 


living independently of each other, and doing 
their cooking upon the premises, or by more 
than two families upon any floor, so living 
and cooking, but having a common right in 
the balls, stairways, yards, water closets or 
privies, or some of them. A lodging house 
shall be taken to mean and include any 
house or building, or portion thereof, in 
which persons are harbored, or received or 
lodged, for hire for a single night, or for 
less than a week at one time, or any part 
of which is lert for any person to sleep in, 
for any term less than a week. A cellar 
shall be taken to mean and include every 
basement or lower story of any building or 
house of which, one-half or more of the 
height from th-* floor to the ceiling, is be- 
low the level of the street adjoining. 

Roofs and stairs and fire escapes. 

Sec. 1,306. The roof of every such house 
shall be kept in good repair and so as not 
to leak, and all rain water shall be so drained 
or conveyed therefrom as to prevent its 
dripping on to the ground or causing damp- 
ness in the walls, yard or area. All stairs 
shall be provided with proper banisters and 
railings and shall be kept in good repair. 
Every such house shall be provided with a 
proper fire escape or means of escape in case 
of Are, to be approved by the department 
of buildings. 

Sleeping rooms. Ventilation. 

Sec. 1,307. Every house, building or portion 
thereof in the city designed to be used, oc- 
cupied, leased or rented, or which is used, 
occupied, leased or rented for a tenement 
or lodging house, shall have in every room 
which is occupied as a sleeping room and 
designed to be used, occupied, leased, or rent- 
ed, or which is used, occupied, leased or rent- 
ed for tenement or lodging house, shall have 
In every room which is occupied as a sleeping 
room and which does not communicate directly 
with the external air, a ventilating or transom 
window, having an opening or area of three 
square feet, over the door leading into and 
connected with the adjoining room, if such 
adjoining room communicates with the ex- 
ternal air, and also a ventilating or transom 
window of the same opening or area, com- 
municating with the entry or hall of the 
house, or where this is, from the relative 
situation of the rooms, impracticable, such 
last mentioned ventilating or transom window 
shall comumnicate with an adjoining room 
that itself communicates with the entry or 
hall. Every such house or building shall 
have in the roof, at the top of the hall, an 
adequate and proper ventilator, of a form 
approved by the department of building#. 

Water closets, privies and sinKs. 

Sec. 1,308. Every tenement and lodging house 
or building shall be provided with as many 
good and sufficient water closets, improved 
privy sinks or other similar receptacles as 
the department of health shall require, but 
in no case shall there be less than one for 
every fifteen occupants. The water closets, 
sinks and receptacles shall have proper doors, 
soil pipes and traps, all of which shall be 
properly ventilated to prevent the escape of 
deleterious gas and odors, soil pans, cisterns, 
pumps and other suitable works and fixtures 
necessary to insure the efficient operation, 
cleansing and flushing thereof. Every tene- 
ment or lodging house situated upon a lot 
on a street or avenue in which there is a 
sewer shall have a separate and proper con- 
nection with the sewer; and the water closets, 
sinks and other receptacles shall be properly 
connected with the server by proper pipes 
made- thoroughly air tight. Such sewer, con- 
nection and all the drainage and plumbing 


work, water closets, sinks and other recep- 
tacles, in and for every tenement and lodging 
house shall be of the form, construction or 
arrangement, location, materials, workman- 
ship and description as may be required by 
the rules and regulations of the department 
of buildings of the city of New York. Every 
owner, lessee and occupant shall take ade- 
quate measures to prevent improper sub- 
stances from entering such water closets or 
sinks, or their connections, and to secure the 
prompt removal of nny improper substances 
that may enter them, so that no accumu- 
lation shall take place, and so as to prevent 
any exhalations therefrom, offensive, danger- 
ous and prejudicial to life or health, and so 
as to prevent the same from being or be- 
coming obstructed. Every person who shall 
place filth, urine or fecal matter in any place 
in a tenement house ether than that pro- 
vided for the same, and every person who 
shall kpep filth, urine or fecal matter in his 
apartment or upon his premises such length 
of time as to create a nuisance shall be 
guilty of a misdemeanor. No privy, vault or 
cesspool shall be allowed in, under or con- 
nected with any such house except when it is 
unavoidable, and a permit therefor shall have 
been granted by the department of health, 
and in such case it shall be constructed in 
such situation and in such manner as the 
department of buildings may direct. It shall 
in all cases be water tight and arched or se- 
curely covered over, and no offensive smell 
or gases shall be allowed to escape there- 
from, or from any closet, sink or privy. In 
all cases where a sewer exists in the street 
or avenue, upon which the house or building 
stands, the yard or area shall be connected 
with the sewer, so that all water from the 
roof or otherwise, and all liquid filth shall 
pass freely into the sewer. Where there is no 
sewer in the street or avenue, or adjacent 
thereto, with which connection can be made, 
the yard and area shall be so graded that all 
water from the roof or otherwise and all 
filth shall flow freely therefrom into the 
street gutter by a passage beneath the side- 
walk, which passage shall be covered by a 
permanent cover, so arranged as to permit 
access to remove obstructions or impurities. 

Cellars and basements of tenement houses not 
to be occupied for living purposes, except in 
certain cases. 

Sec. 1,309. It shall not be lawful, without a 
permit from the department of buildings, to 
construct, during the erection of a tenement 
or lodging house, nor after the completion of 
such tenement or lodging house, any room or 
rooms in any basement or cellar to be occu- 
pied wholly or in part as a dwelling, nor shall 
it be lawful without a permit from the de- 
partment of health to let, occupy, or suffer 
to be occupied separately as a dwelling, any 
vault, cellar, or underground room, built or 
rebuilt after July first, 1867, or which shall 
not have been so let or occupied before said 
daite. It shall not be lawful, without such 
permit, to let or continue to be let, or to oc- 
cupy or suffer to be occupied separately as a 
dwelling, any vault, cellar, basement, or 
room wholly or in part under ground, unless 
the same be in every part thereof at least 
seven feet in height, measured from the floor 
to the ceiling thereof, nor unless the same be 
for at least two feet of its height above the 
surface of the street or ground adjoining or 
nearest to the same, nor unless there be out- 
side of and adjoining the said vault, cellar, 
room or basement, and extending along the 
entire frontage thereof, and upward from six 
inches below the level of the floor thereof 
up to the surface of said street or ground, an 
open space of at least two feet and six inches 


YORK. 


wide in every part, nor unless the same 
well and effectually drained by means <: 
drain, the uppermost part of which is one 
at least below the level of the floor of s 
vault, cellar or room, nor unless there j 
clear space of not less than one foot below 
level of the floor, except where the sami 
cemented, nor unless there be appurteii 
to such vault, cellar or room, the use < 
water closet of privy kept and provided a 
this title required; nor unless the same h 
an external window opening of at least i 
superficial feet clear of the sash frame, 
which window opening there shall be fi 
a frame filled with glazed sashes, at h 
four and a half superficial feet of which s 
be made so as to open for the purpose of \ 
tilation. In the case of an inner or b 
vault, cellar or room, let or occupied al 
with a front vault, cellar or room, as par 
the same letting or occupation, it shall b 
sufficient compliance with the provisions 
this section if the front room is provided v 
a window, as hereinbefore provided, and 
the said back cellar or room is connec 
with the front vault, cellar or room, b] 
door, and also by a proper ventilating 
transom window, and where practicable, a 
connected by a proper ventilating or trans 
window, or by some hall or passage commu 
eating with the external air. In any area 
joining a vault, cellar, underground room 
basement, there may be steps necessary 
access to such vault, cellar or room, if 
same be so placed as not to be over, across 
opposite to the said external window, and 
as to allow between every part of such sti 
and the external wall of such vault, cellar 
room, a clear space of six inches at least, a 
if the rise of said steps is open; and provic 
further that over fir across any such aj 
there may be steps necessary for access 
any building above the vault, cellar or roi 
to which such area adjoins, if the same 
so placed as not to be over, across or op; 
site to any such external window. 

Cellars and vaults not to be used for sleepi 

rooms. 

Sec. 1,310. No vault, cellar or undergrou 
room shall be occupied as a place of lodging 
sleeping, except the same shall be approve 
in writing, and a permit given therefor by t 
board of health. No wall paper shall be plac 
upon a wall or ceiling of any tenement 
lodging house, unless all wall paper shall 
first removed therefrom, and said wall a 
ceiling thoroughly cleansed. Every teneme 
or lodging house, and every part thereof, shj 
be kept clean and free from any accumulatio 
of dirt, filth, garbage or other matter in or ( 
the same, or in the yard, court, passage, ar 
or alley connected with it, or belonging 
the same. The owner or keeper of any lod 
ing house, and the owner or lessee of any te 
ement house or part thereof, shall thorough 
cleanse all the rooms, passages, stairs, floor 
windows, doors, walls, ceilings, privies, ces 
pools and drains of the house or part of tl 
house of which he is -the owner or lessee, 
the satisfaction of the department of healt 
so often as he shall he required by or in a 
cordance with any order of the board i 
health and any regulation or ordinance lj 
said department, and shall well and sufficlen 
ly, to the satisfaction of the said health d< 
partment, whitewash the walls and ceilinf 
thereof once at least in every year. 

Transoms, windows, doors, etc. 

Sec. 1,311. All transoms, windows, door 
and other openings 'leading into halls, or int 
rooms opening into halls, from bakeries c 
places of business, in which fat is boiled i 


THE CHARTER FOR THE GREATER NEW 


H ~ 

• basements, cellars or on the first floors, 

1 ill tenement houses In the city of New 

Ik, shall be solidly closed with the same ma- 
il as the walls or partitions in which the 
1 aings exist, so that there shall be no 
ning between said bakeries, or other places 
; tusiness of said floor in which fat Is boiled, 
the other parts of the tenement house in 
ch the same shall be situated. All tran- 
is and windows opening Into halls from any 
tion of said floor of any tenement house, 
lire paint, oils, spirituous liquors or drugs 

• stored, or kept for the purpose of sale, or 
srwise, shall be glazed with wire glass, or 

' y shall be removed and closed up as solidly 
.he rest of the wall; and all doors leading 
> such hall, or room from such portion of 
- 1 floor, of said tenement house used as 
resaid, shall be made fireproof. 

tain occupations and business prohibited in 
enement houses. 

1 ec. 1,312. Every tenement or lodging house 
11 have the proper and suitable conveni- 
es or receptacles for receiving garbage and 
’ er refuse matters. No tenement or lodg- 
house or premises, nor any portion thereof, 

■ 11 be used as a place of storage for any 
J ibustible article, or any article dangerous 
: ife or detrimental to health; nor shall any 
' se, cow, calf, swine, pig, sheep, or goat 
kept in said house or on the premises 
reof. No bakery or place of business in 
lch fat is boiled shall be maintained in any 
ement house which is not fireproof, 
where the ceilng and side walls of 
ce where said fat boiling is done 
s not made safe by fireproof material 
>und the same, except by permit of and lin- 
• such conditions as may be prescribed by 
i fire department; no part of any tenement 
tse shall be used for the storage of feed, hay 
straw, except by permit of and under such 
iditlens as may be prescribed by the fire 
partment. • 

nements, etc., to be cleansed; owners’ names 
to be registered in department of health. 

* 5ec. 1,313. Every owner of a tenement or 
! Iging house, and every person having con- 
' il of a tenement or lodging house, shall file 
the department of health, a notice contain- 
1 j his name and address, and also a descrip- 
n of the property, by street number or 
herwise, as the case may be, in such manner 
will enable the department of health easily 
find the same; and also the number of 
artments in each house, the number of rooms 
each apartment, the number of families 
cupying the apartments, and the trades or 
icupations carried on therein. In case of a 
msfer of any tenement house, or lodging 
use, it shall be the duty of the grantor and 
antee of said tenement or lodging house to 
3 in the department of health a notice of 
ch transfer, stating the name of the new 
'ner, within thirty days after such transfer, 
case of the devolution of said property by 
11, it shall be the duity of the executor 
d of the devisee, if more than twenty-one 
ars of age, and in case of the devo- 
tion of such property by inheritance with- 
it a will, it shall be the duty of the heirs, or 
case all cif the heirs are under age, it shall 

I - the duty at 'the guardians cf such heirs, 
.d in case said heirs have no guardians, it 
all 'be the duty of the administrator of the 
•ceased owner of said property to file in 
id department, a notice, stating the death of 
i e deceased owner, and the names of those 
: ho have succeeded to his interest in said 
I'operty, within thirty days after the death 
(! said decedent, in case he died intestate, 
id within thirty days after the probate of 


his will, if he died testate. A failure to file 
such notice shall make said property, and 
the owners thereof, liable to a penalty of not 
less than ten dollars nor more than fifty 
dollars. Said penalty may be recovered in 
an action brought by the health department 
as provided in this act. Every person claim- 
ing to have an interest in any tenement or 
lodging house may file his name and address 
In the department of health. All notices and 
orders of the department cf health required 
by law to be served in relation to a tenement 
oi- lodging house, shall be served by posting 
in some conspicuous place in the house, a 
copy of the notice or order, five days before 
the time for doing the thing, in relation to 
which said notice or order was issued. The 
posting of a copy of an order or notice, in 
accordance with this section, shall be suffi- 
cient service upon the owner cf the property 
affected. It shall be the duty of the depart- 
ment of health to cause a copy of every such 
notice or order to be mailed, on the same 
day that it is posted in the house, addressed 
to the name and address cf each person who 
has filed with the department of health the 
notice provided for in this section. 

Inspection twice a year. Officers to have 

access. 

Sec. 1,314. It shall be the duty of the board 
of health to cause a careful Inspection to be 
made of every tenement and lodging house 
at least twice in each year. And whenever 
the board of health has made any order con- 
cerning a tern ement or lodging house, it shall 
cause a reinspection to be made of the same 
within six days after it has been informed 
that the order has been served. The keeper 
of any lodging house, and the owner, agent 
of the owner, lessee or occupant of any tene- 
ment house, and every other person having 
the care and management thereof, shall, at all 
times, when required by any officer of the de- 
partment of health, or by any officer upon 
whom any duty is conferred by this title, give 
hilm free access to such house, and to every 
part thereof. The owner or keeper of any 
lodging house, and the owner, agent of the 
owner, and the lessee of any tenement house 
or part thereof, shall, whenever any person 
in such house is sick of fever, or cf any infec- 
tious, pestilential or contagious disease, and 
information thereof has been given to such 
owmer.keeper.agent or lessee, give immediate 
notice thereof to the board of health, or to some 
officer of the same, and thereupon said board 
shall cause the same to be immediately 
cleansed or disinfected, at the expense of the 
owner, in such manner as it may deem neces- 
sary and effectual, and it may also cause 
the blankets, bedding and bed clothes used by 
any such sick person to be thoroughly 
cleansed, scoured and fumigated, or, in ex- 
treme cases, to be destroyed. 

Infected and uninhabitable houses to bs con- 
demned by board of health. 

Sec. 1,315. Whenever it shall be certified to 
the board of health of the city of New York 
by the sanitary superintendent, or an assis- 
tant sanitary superintendent, that any build- 
ing or any part thereof in the city of New 
York is infected with contagious disease, or 
by reason of want of repair has become dan- 
gerous to life, or is unfit for human habita- 
tion because of defects in drainage, plumbing, 
ventilation, or the construction of the same, 
or because of the existence of a nuisance on 
the premises,, which is likely to cause 
sickness among its ocoupant3, the said board 
of health may issue an order requiring all 
persons therein to vacate such building or 
part thereof for the reasons to be stated there- 
in as aforesaid. Said board shall cause said 


YORK. 183 


order to be affixed conspicuously in the build- 
ing or part thereof and to be personally 
served on the owner, lessee, agent, occupant, 
or any person having the charge or care there- 
of; if the owner, lessee or agent cannot be 
found in the city of New York or do not re- 
side therein, or evades or resists service, then 
said order may be served by depositing a 
copy thereof in the post office in the city of 
New York, properly inclosed and addressed 
to such owner, lessee or agent at his last 
known place of business and residence, and 
prepaying tho postage thereon; such building 
or part thereof shall, within ten days after 
said order shall have been posted and mailed 
as aforesaid, or within such shorter time, not 
lesis than twenty-four hours, as in said order 
may be specified, be vacated, but said beard 
of health whenever it shall become satisfied 
that the danger from eaid building or part 
thereof has ceaised to exist or that said build- 
ing has been repaired so> as to bo habitable, 
may revoke said order. 

Proceedings for condemnation prescribed. 

Sec. 1,316. Whenever, in the opinion of the 
board of health of the city of New York, any 
building or part thereof in the city of New 
York, an order to vacate which has been made 
by said department, is, by reason of age, de- 
fects in drainage, plumbing, infection with 
contagious disease, or ventilation, or because 
of the existence of a nuisance on the premises, 
which is likely to cause sickness among its 
occupants, or among the occupants of other 
property in the city of New York, or because 
it stops ventilation in other buildings, or 
otherwise makes or conduces to make other 
buildings adjacent to the same unfit for 
human habitation, or dangerous or injurious 
to health, or because it prevents proper meas- 
ures from being carried into effect for remedy- 
ing any nuisance injurious to health, or be- 
cause of other sanitary evils In respect of 
such other buildings, so unfit for human habi- 
tation that the evils in, or caused by said 
building, cannot be remedied by repairs, or 
in any other way except by the destruction 
of said building, or of a portion of the- same, 
said board of health may if it deem such 
•course just and proper, condemn the same and 
order it removed; provided, however, that the 
owner or owners of said building may demand 
a survey of said building in the manner pro- 
vided for in case of unsafe buildings, and 
may institute proceedings in the supreme 
court in the city of New York for the 
condemnation of said building. Said proceed- 
ing shall be instituted through a petition ad- 
dressed to said court containing a brief state- 
ment of the reasons therefor, and shall not 
be required to contain further allegations of 
facts than those which have actuated the 
board of health in this proceeding, which, shall 
then be carried on in the manner prescribed 
by chapter 21 of this act. The own- 
er of said building, or any person in- 
terested therein may, in his answer, 
dispute the necessity of the destruction 
of said building, or part thereof, as the 
cajse may - be. In such case, the court shall 
not appoint commissioners unless proof is 
made of the necessity of said destruction. In 
such proceeding evidence shall be receivable 
by the commissioners to prove: 

1. Tha-t the rental of the building was en- 
hanced by reason of the same being used for 
illegal purposes, or being so overcrowded as 
to be dangerous or Injurious to the health 
of the inmates; or 

2. That the building is in a state of defect- 
ive sanitation, or is noic in reasonably good 
repair; or 

3. That the building is unfit and not rea- 
sonably capable of being made fit for human 


THE CHARTER FOR THE GREATER NEW YORK. 


1S4 


habitation ; and, if the commissioners are sat- 
isfied by such evidence, then the compensa- 
tion — 

(a) . Shall In the first case, so far as Is 
based on rental, be on the rental of the build- 
ing, as distinct from the ground rent, which 
would have been obtainable if the building 
was occupied for legal purposes, and only by 
the number of persons whom the building was 
under all tho circumstances of the case fitted 
to accommodate without such overcrowding 
as is dangerous or Injurious to the health of 
the Inmates; and 

(b) . Shall In the second case be the amount 
estimated as tne value of the building if it 
had been put Into a sanitary condition, or 
into reasonably good repair, after deducting 
the estimated expense of putting it into such 
condition or repair; and 

(c) . Shall in the third case be the value 
of the materials of the building. 

For the payment of all awards and the ex- 
penses of all such proceedings, the controller 
shall issue and sell from time to time as may 
be necessary, and in the manner hereinbefore 
provided, corporate stock of the city of New 
York. 

Houses hereafter erected to comply with addi- 
tional requirements. 

Sec. 1,317. No house hereafter erected shall 
he used as a tenement house or lodging house, 
and no house heretofore erected and not 
now used for such purpose, shall he con- 
verted into, used or leased for a tenement or 
lodging house, unless, In addition to the re- 
quirements hereinbefore contained, it con- 
forms to requirements contained in the fol- 
lowing sections of this title. 

Construction of tenement houses and space 

prescribed for building the same. 

Sec. 1,318. It shall not be lawful, without a 
permit from the department of buildings, to 
alter, erect or convert to the purposes of a 
tenement or lodging house, a building on any 
lot where there is another building on tho 
same lot; nor shall it be lawful to build 
or to erect any building on any lot whereon 
there is already a tenement or lodging house, 
unless there is a clear open space exclusively 
belonging thereto, and extending upward 
from the ground of at least ten feet between 
said buildings if they are one story high 
above the level of the ground; if they are 
two stories high the distance between them 
■hall not be less than fifteen feet; if they 
are three stories high the distance then shall 
not be less than twenty feet; if they are 
more than three stories high the distance 
between them shall not be less than twenty- 
five feet, but when thorough ventilation of 
such open spaces can be otherwise secured, 
such distances may he lessened or modified 
In special cases by a permit from the depart- 
ment of buildings. At the rear of every build- 
ing hereafter erected for or converted to the 
purposes of a tenement or lodging house on 
any lot, there shall be and remain a clear 
open space of not less than ten feet between 
it and the rear end of the lot. No one con- 
tinuous building hereafter constructed shall 
be built or converted to the purposes of a 
tenement or lodging house in the city of 
New York, upon an ordinary city lot, and 
no existing tenement or lodging house shall 
he enlarged or altered, or Its lot be dimin- 
ished, so that It shall occupy more than 
65 per centum of the area of said lot, but where 
the light and ventilation of such tenement or 
lodging house, are, in the opinion of the 
superintendent of buildings, materially im- 
proved, he may permit such tenement or lodg- 
ing house to occupy an area not exceeding 
••venty-five per centum of the said lot, and 


in the same proportion if the lot be greater 
or less in size than twenty-five by one hun- 
dred feet; but this provision shall not apply 
to corner lots. In which, however, no such 
building hereafter constructed, above the first 
story, shall occupy more than ninety-two per 
centum of the area of a lot, and no such 
building shall come within five feet of the 
rear of said lot, provided, further, that in 
all cases, both for corner and interior lots, 
the interior courts or shafts shall not be less 
than two 'feet four inches wide at their nar- 
rowest parts. In computing the amount of 
the lot covered by a building, any shaft or 
court of less than twenty-five square feet 
in area shall be considered as part of the 
building and not as part of the free air 
space. No shaft or court, over ten square 
feet in area, hereafter constructed in a tene- 
ment house or lodging house, except elevator 
shafts or staircase wells, shall he covered 
with a roof, skylight or otherwise. In all 
■tenement houses hereafter constructed or 
buildings hereafter converted to the purposes 
of a tenement house, the stairway communi- 
cating between said cellar or basement and 
the floor next above, when placed within any 
such building, shall be inclosed with brick 
walls, and such stairway shall be provided 
with fire proof doors at the top and bottom 
of said flight of stairs. An open area, shall 
he constructed from the level of the cellar 
to the sidewalk in front and extending the 
full width of such houses, with a staircase 
to give access to the cellar from the street. 
Where stores are located on the first floor the 
area may be covered with suitable vault lights 
or gratings. In all tenement houses hereafter 
constructed, or buildings hereafter converted 
to the purposes of a tenement house, the 
openings to the elevators or lifts in the cellar, 
and at every opening, on every story, shall be 
provided with self closing fireproof doors. 
This provision, however, shall not apply to 
such elevators In tenement houses as are 
operated by a conductor stationed with- 
in the car; but if such elevators run 
to the cellar, they must be inclosed in 
the cellar with fireproof walls, and the door to 
the cellar, If any, must he fireproof and self 
closing. In all tenement houses hereafter 
constructed, or buildings hereafter convert- 
ed to the purposes of a tenement house, all 
staircases shall he fireproof; hut this provis- 
ion as to staircases shall not apply to build- 
ings which are not over five stories high 
above the cellar, and which contain not more 
than three suites of rooms on a floor. Every 
tenement house hereafter constructed, or 
buildings hereafter converted to the purpose 
of a tenement house, exceeding three stories 
in height, or having a basement with three 
stories above the cellar,' shall have the en- 
trance hall and entire stairwell and stairs, 
built of slow burning construction or fire- 
proof material; no wainscoting shall be al- 
lowed in the main halls except of cement, 
or other fireproof material; at least one flight 
of such stairs shall extend to the roof, and 
he inclosed in a bulkhead building of fire- 
proof material. In all tenement houses here- 
after constructed, and 'buildings hereafter 
converted to the purposes of a tenement 
house, each room must have a separate win- 
dow opening into the outer air; each water 
closet must have a window opening Into the 
outer air, and such water closet in closure if 
provided with a ventilating fluo or duct, may 
have the window opening on any court or 
6haft containing at least twenty-five square 
feet in area; the floor of each water closet 
must be made waterproof with asphalt, ce- 
ment, tile, metal or some ether waterproof 
material; and such waterproofing must ex- 
tend at least sixteen inches above the floor 


except at the door opening so that said flex! 
can be washed or flushed out without leal 
ing. The light and ventilation of all built 
ings hereafter erected for, or converted til 
the purpose of tenement or lodging house ] 
must be provided in accordance with the ri 
quirements of this title, and the condition,' 
of a plan and permit previously approved 1 
writing by the department of buildings, an I 
no existing tenement or lodging house shaj 
be enlarged or altered or its lot diminshel 
without a similar permit. The department <1 
buildings is hereby empowered, and dirocte 
to make rui.es and regulations not inconsisi 1 
ent with the requirements of this title, an 
which in addition to the requirement 
of this title, shall bo the cor; 

ditions of approval of the plans an 

permits; these rules and regulations shall got 
ern the arrangement and distribution of th 
uncovered area, size, lighting, location an 
arrangement of shafts, rooms, cellars an 
halls. No building or premises occupied fc 
a tenement house shall be used for a lodgin 
house, private school, stable or foT the storag 
and handling of rags, but the department c 
health may, by a special permit, fixing th 
conditions thereof in writing, and providin 
there he the necessary cubic air space an ; 
ventilation, allow the maintenance of a pr; 
vate school in such a house. In case of an 
violation of the provisions of this section, o 
of any failure to comply with, or of any vie 
lation of the terms and conditions of th 
plan for such tenement or lodging house ap 
proved by the department of buildings or o 
the conditions of the permits granted as here 
Inbeforo provided, or for the air, light an. 
ventilation of the said house or premises, an; 
court of record, or any judge or justice there 
of shall have power^ at any time after servic. 
of notice of violation, or of non compliance 
upon the owner, builder or other person sup 
erintondlng the building or converting an; 
such house, upon proof by affidavit of an; 
violation or non compliance as aforesaid, o: 
that a plan for light and ventilation of sucl 
house has not been approved by the depart 
ment of buildings, to restrain by injunctior 
order, in any action by the department o. 
buildings or by the board of health, the fur- 
ther progress of any violation as aforesaid 
No undertaking shall he required as a condi- 
tion of granting an injunction or by reasor 
thereof. 

Dimensions and ventilation of rooms. 

Sec. 1,319. In every snch house hereaftei 
erected or converted every habitable room, ex. 
cept rooms in tho attic, shall be in every pari 
not less than eight feet in height from the 
floor to tho ceiling; and every habitable room 
in tho attic of any such building shall be at 
least eight feet in height from the floor to the 
ceiling, throughout not less than one-half the! 
area of such room. Every such room shall] 
have at least one window connecting with the] 
external air, or over the door a ventilator of] 
perfect construction, connecting it with a| 
room or hal'l which has a connection with] 
the external air and so arranged as to pro- 
duce a cross current of air. The total area 
of window or windows in every room com- 
municating with the external air shall be at 
least one-tenth of tho superficial area of every 
such room ; and the top of one, at least, of 
such windows shall not be less than seven 
feet six inches above the floor, and the upper 
half, at least, shall bo made so as to open 
tho full width. Every habitable room of a 
less area than one hundred superficial feet, 
if it does net communicate directly with the 
external air, and is without an open fire place 
shall he provided with special means of venti- 
lation, by a separate air shaft extending to 


135 


THE CHARTER FOR THE GREATER NEW YORK. 


the roof, or otherwise, as the board of health 
may prescribe. 

Chimneys, ash receptacles, water, cellar floor, 

ceilings and gas in tenement houses. 

Sec. 1,320. Every such house erected after 
May fourteenth, eighteen hundred and sixty- 
seven, or converted, shall have adequate 
chimney for a stove, properly connected with 
one of said chimneys for every family set of 
apartments. It shall have proper conven- 
iences and receptacles for ashes and rubbish. 
It shall have water furnished in sufficient 
quantity at one or more places on each floor, 
occupied or intended to be occupied by one or 
more families; and all tenement houses shall 
be provided with a like supply of water by 
the owners thereof, whenever they shall be 
directed so to do by the board of health. But 
a failure in the general supply of water by 
tho city authorities, shall not be construed 
to bo a failure on the part of such owner, pro- 
vided that proper and suitable appliances to 
receive and distribute such water are placed 
in said house. The board of health shall re- 
quire all tenement houses to be so supplied. 
Every tenement house shall have the floor of 
tho cellar- made water tight; and the ceiling 
plastered, and when the house is located over 
filled in ground, or over marshy ground, or 
ground on which water lies, the cellar floor 
shall be covered so as to effectually prevent 
evaporation or dampness. It shall be the duty 
of the department of health to see that the 
cellars of all tenement houses are so made or 
altered as to comply "with this section. 
Every such house erected after May seventh, 
eighteen hundred and eighty-seven, or con- 
verted, shall have the halls on each floor 
open directly to the external air, with suita- 
ble windows, and shall have no room or other 
obstruction at th^ end, unless sufficient light 
or ventilation is otherwise provided for in 
said halls, In a manner approved by the de- 
partment of buildings. The owner or lessee 
of every tenemnt or lodging house In the city 
of New York shall keep a light burning in 
the hallway upon each floor of said house 
from sunset until 10 P. M. throughout the 
year. In every tenement house in the said 
city in which there is a hallway or hallways 
with no window opening from such hallway 
outside of said house, a light shall be main- 
tained by said owner or lessee in each such 
hallway, between the hours of 8 A. M. and 10 
P. M. of each day, unless said hallway shall 
be otherwise sufficiently lighted. The fire de- 
partment of the city of New York is hereby 
vested with authority to prescribe reasonable 
regulations concerning such precautions as 
may be necessary to prevent danger from fire 
arising from such lights. 

Overcrowding of tenement houses prohibited; 

housekeeper in same required. 

Sec. 1,321. Whenever it shall be certified to 
tho department of health by the sanitary super- 
intendent or an assistant sanitary super- 
intendent that any tenement house or room 
therein, being without sufficient ventilation, is 
so overcrowded that there shall bo afforded less 
than four hundred cubic feet of air to each 
adult, and two hundred cubic feet of air to each 
child under twelve years of age occupying such 
building or room, tho said department shall 
Issue an order requiring the number of occu- 
pants of such building, or room, to be re- 
duced in accordance with this provision. 
Whenever there shall be more than eight fam- 
ilies living in any tenement house, in which 
the owner thereof does not reside, there shall 
be a janitor, housekeeper or some other re- 
sponsible person, who shall reside in the said 
house, and have charge of the same, if the 
department cf health shall so require. Per- 


mits may be granted by the board of health 
to the owners of lodging houses on com- 
pliance with the rules and regulations of the 
sanitary code in the city of New York, and 
the conditions of each permit which shall be 
in writing. 

Penalties for violations of provisions concern- 
ing tenement houses. 

Sec. 1,322. Every owner or other person vio- 
lating any provision of this title shall be guilty 
of a misdemeanor, punishable by a fine of not 
less than $10 or more than $100, or by impris- 
onment for not more than ten days for each 
and every day that such violation shall con- 
tinue, or by both such fine and imprisonment, 
in the discretion of the court. He shall also 
be liable to pay a penalty of $10 for each day 
that such offense shall continue. Such penal- 
ty may be sued for and recovered by the de- 
partment of health in any civil tribunal of 
said city, and when recovered shall bo paid 
over to the chamberlain. In every proceeding 
for a violation of this title, and in every such 
action for a penalty, it shall be the duty of 
the owner of the house to prove the date of 
its erection, or conversion to its existing use, 
if that fact shall become material, and the 
owner shall be, prima facie, the person liable 
to pay such penalty, and after him the person 
who is the lessee of the whole bouse, in pref- 
erence to the tenant or lessee of a part there- 
of. In any such action the owner, lessee and 
occupant, or any two of them, may be made 
defendants, and judgment may be given 
against the one or more shown to be liable, 
as if he or they were sole defendant or de- 
fendants. No part of chapter 275 of the laws 
of 1892, or of any other act shall be so con- 
strued as to abrogate or impair the power of 
the department of health to sue for and re- 
cover such a penalty whether the liability to pay 
said penalty shall arise from a violation of 
the laws, or ordinances or sections of the 
sanitary code, in regard to light, ventilation, 
plumbing and drainage, so far as the same af- 
fects the sanitary condition of the premises; 
and except that the department of buildings 
of the city of New York shall have jurisdiction 
and cognizance over all matters and things in 
this title contained which relate to the con- 
struction or alteration of buildings or struc- 
tures, or any part thereof, and as to the light, 
ventilation, drainago and plumbing of such 
buildings when in process of construction or 
alteration. Any penalty herein above men- 
tioned for a violation of the provisions of this 
title, in respect to the matters aforesaid, with- 
in the jurisdiction and cognizance of the de- 
partment of buildings, shall be sued for and 
recovered in the same manner as the viola- 
tions of the building laws of the city of New 
York are now sued for and recovered by the 
department of buildings in the city of New 
York, and said penalty, so collected, shall be 
paid to the chamberlain of tho city of New 
York to be applied as other penalties collected 
by said departments are applied. 

Power of department of buildings and of board 

of health to make other regulations relative 

to tenement or lodging houses.' 

Sec. 1,323. The department of buildings shall 
have authority to make other regulations as 
to light and ventilation of all new tenement 
or lodging houses consistent with the fore- 
going, when it shall be satisfied thait such reg- 
ulations will secure equally well the health 
and safety of tho occupants; likewise the 
board of health shall have authority to make 
other regulations as to cellars and as to venti- 
lation in completed buildings, consistent with 
the foregoing, where it shall be satisfied that 
such regulations will secure equally well tho 


health of the occupants. The board cf health 
shall have power to appoint all the officers and 
agents of the department of health, of what 
ever name or character soever, and shall have 
exclusive charge and control of, and the exer- 
cise of, all the rights, powers, duties and priv- 
ileges of said department, arrd for this pur- 
pose the terms “board of health” and “depart- 
ment of health,” as used in this chapter, shall 
be deemed synonymous. 

Sanitary company of police. 

Sec. 1,324. Tho board of health shall malt# 
requisition upon the police beard for the de- 
tail of at least .fifty and not more than 
one hundred suitable officers and men of at 
least five years’ service in the police force, 
who shall be selected for their peculiar fit- 
ness, for tho enforcement of the provision* 
of the sanitary code and the acts relating 
to tenement and lodging houses. These of- 
ficers and men shall be detailed to such service 
by the police board, and the department of 
health shall pay to the police department 
monthly, the amount of tho pay of the officers 
and men so detailed, who shall belong to the 
sanitary company of the police and shall re- 
port to the board of health. At least thirty of 
the officers and men so detailed shall be em- 
ployed exclusively in the enforcement of tha 
laws relating to tenement and lodging houses. 
The board of health may report back to the po- 
lice board for punishment, any member of said 
company guilty of any breach of order's or 
discipline, or of neglecting his duty, and there- 
upon the polica board shall detail another 
officer or man in his place, and the discipline 
of the said members of the sanitary company 
shall be in the jurisdiction of the police de- 
partment; but at any time the board of health 
may object to the efficiency of any member of 
said sanitary company and thereupon another 
officer or man shall be detailed in his place. 

This chapter a remedial statute. 

Sec. 1,325. Thi3 chapter is hereby declared 
to be a remedial statute and is to be con- 
strued liberally to secure the beneficial in- 
terests and purposes thereof. Nothing here- 
in contained shall be construed to affect any 
suit or proceeding now pending in any court, 
or any rights acquired or liability incurred, 
or any cause or causes of action accrued or 
existing, whether for a penalty or otherwise, 
under any act repealed or amended by this 
act. All acts and parts of acts in conflict 
with this chapter or any paK thereof are 
hereby repealed. 

TITLE 8. 

THE HEALTH DEPARTMENT PEN- 
SION FUND. 

Board of trustees of health department pension 

fund. 

Sec. 1,331. The board cf health of the 
health department of the city of New York 
ts hereby constituted and shall be a hoard of 
trustees of the health department pension 
fund heretofore and herein authorised and 
provided for. The members of said board of 
health shall annually choose one of their num- 
ber to be chairman of the hoard of trustees 
of the health department pension fund, and 
shall from time to time elect a secretary. 
Immediately upon organization said beard of 
trustees shall receive and have charge of 
•the pension fund, or funds heretofore author- 
ized, and in existence in any health depart- 
ment, municipality or county forming a part 
of the city of New York, provided for offi- 
cers, physicians and employes in the health 
department service, and such hoard of 
trustees shall have charge of and administac 


183 


bfHE CHARTER FOR THE GREATER NEW YORK. 


the pension fund authorized and provided for 
herein. From time to time the said board of 
trustees shall invest the said pension fund 
or an/y part thereof, as it shall deem most 
beneficial to the fund. Said board is empow- 
ered to make all necessary contracts and take 
all necessary and proper actions and proceed- 
ings in the premises, and to make payment 
from said fund of pensions granted in pursu- 
ance of this act. The said trustees shall 
from time to time establish such rules and 
regulations for the administration of the said 
fund as they may deem best. They shall re- 
port in detail to the mayor of the city of New 
York annually in the month of January the 
condition of said fund and the items of their 
receipts and disbursements on account of the 
same. No payments whatever shall be al- 
lowed to or made by such trustees as reward, 
gratuity or compensation to any person for 
salary or services rendered to or for said 
board of trustees. 

What moneys shall be included in pension fund. 

Sec. 1,332. The health department pension 
fund shall consist of 

1. All moneys paid for searches and tran- 
scripts of the records of births, marriages 
and deaths or other papers of said department 
of health. 

2. All moneys collected from fines and pen- 
alties for violations of the sanitary code or 
health laws in the city of New York. 

3. All said moneys, including the fines and 
penalties directed in section 1,222 of this act, 
to he paid to the controller shall within thirty 
days after collection or payment be paid over 
by the department, officers, clerks, magis- 
trates and courts, receiving and collecting the 
same, to the said board of trustees of the 
health department pension fund. 

Pension for physician or employe disabled by 

reason of performance of duty. 

Sec. 1,333. The board of trustees of said 
fund shall have power to grant as pension 
to any physician employed in the health 
department of the city of New York, or to 
any employe of the disinfecting corps of said 
department, or to any employe of the hospi- 
tals for the treatment of contagious and 
Infectious diseases under the charge of said 
health department or of the board of health, 
who shall, while in the actual performance of 
his duty, and without any fault or misconduct 
on his part have become permanently dis- 
abled physically or mentally, so as to be 
vufit to perform full duty, a sum not to 
exeed one-half, nor less than one-fourth of his 
rate of compensation per annum as such phy- 
sician or employe, as the case may be. 

Pei%ions to personal representatives of physi- 
cian or employe who shall die from disease 

or injuries suffered in consequence of his 

performance of duty. 

Sec. 1,334. Whenever such physician or em- 
ploye shall die while in the service of the 
health department from disease contracted or 
Injuries sustained by him while in the actual 
performance of his duty, without any fault 
or misconduct on his part, leaving a widow, 
the said board of trustees of said pension fund 
may grant, award or pay to the widow of said 
physician or employe, the sum of three hun- 
dred dollars, annually, during her life or so 
long as she remains a widow; and if there he 
no widow of any such physician or employe, 
but he shail leave minor children under eigh- 
teen surviving him, then said three hundred 
dollars may be given, awarded and paid to said 
children under eighteen years of age. 
Certificate required in certain cases. 

Sec. 1,335. No physician or employe, as 
aforesaid, of the health department, shall be 


awarded, granted, or paid a pension on ac- 
count of physical or mental disability or dis- 
ease, unless upon certificate and report of a 
board of physicians, to be appointed by the 
board of health, which shall set forth the 
cause, nature, and extent of the disability, 
disease, or injury of such physician or em- 
ploye who may be placed on the pension roll, 
and such certificate shall distinctly state 
whether or not such disability, disease, or in- 
jury was incurred or sustained by such physi- 
cian or employe while in the performance 
of his duties as such physician or employe, of 
the health department, and such certificate 
shall in such case be filed with, and entered 
upon the minutes of the board of health. 

Pension for twenty years' service. 

Sec. 1,336. Any such physician or employe 
who has or shall have performed duty as 
such physicain or employe in the medical 
service, or as a clerk, in any department of 
health in the city of New York, for a period 
of twenty yeers, or upward, upon his own ap- 
plication, in writing, or upon a certificate 
and report of a board of physicians, appointed 
by the board of health, certifying that such 
physician or employe is permanently disabled, 
so as to be unfit for further duty as such 
physician or employe, shall be retired from ac- 
tive service by resolution of the board of health 
of the health department of the city of New 
York, and placed upon the health department 
service, of the rank of the physician or em- 
ploye so retired, paid from said health depart- 
ment pension fund by the trustees thereof, an 
annual sum during his lifetime, not exceeding 
one-half the ordinary full pay of a physician 
or employe in the health department service, 
of the rank of the physician or employe so 
retired, provided, however, that no pension 
granted under this or the preceding sections, 
shall exceed the sum of twelve hundred dol- 
lars per annum. Pensions granted under this 
section shall be for the natural life of the 
person receiving the same, and shall not be 
revoked, repealed or diminished. In deter- 
mining the term of service of any such phys- 
ician or employe, under this section, service 
in former health departments or boards of 
health having jurisdiction in matters of pub- 
lic health in any part of the city of New 
York, shall be counted and held to be service 
in the department of health of the city of 
New York. 

Order of discontinuance of pension in certain 

cases. 

Sec. 1,337. The board of health ma 7 , in its 
discretion, order any pension granted or any 
part thereof to cease, except as provided in 
the last preceding section, but in all such 
cases the said board of health shall 
file with the board of trustees of the 
health department pension fund a writ- 
ten statement of the causes deter- 
mining the action of the said board of health 
in ordering any pension to so cease, and noth- 
ing in this act or in any other act shall ren- 
der the granting or payment of such pen- 
sion obligatory on the board of health, or 
upon the trustees of the health department 
pension fund, or chargeable as a matter of 
right upon said fund, except as provided in 
the last preceding section. 

Repeal of acts inconsistent with this title. 

Sec. 1,339. All acts and parts of acts Incon- 
sistent with this title are hereby repealed. 

CHAPTER XX. 

INFERIOR LOCAL COURTS. 

Title 1. The city court of New York. 

Title 2. The municipal court of the city of 
New York. 


Title 3. Inferior courts of criminal jurisdic- 
tion. 

Title 4. The marshals. 

TITLE I, 

THE CITY COURT OF NEW YORK. 

Sec. 1,345. The city court shall be con- 
tinued, and said court and the justices thereof 
shall have the same powers and jurisdiction 
as are now conferred upon them by law, pro- 
vided, however, that in sections 338, 3,165, 3,169, 
3,170 and 3, 268 of the code of civil procedure the 
word “city” shall be construed to mean and 
apply to the territory within the city of New 
York as it existed and was constituted prior 
to the sixth day of June, 1895. 

Sec. 1,346. The justices of said city court in 
office when this act shall take effect shall con- 
tinue to hold office until the expiration of their 
respective terms; but the successors of said 
justices shall be elected for and hold office for 
the period of ten years. 

TITLE 2. 

THE MUNICIPAL COURT OF THE 
CITY OF NEW YORK. 

Courts, etc., abolished. 

Sec. 1,350. From and after midnight of the 
thirty-first day of January, 1898, the justices’ 
courts and the office of justice of the peace in 
the cities of Brooklyn and Long Island City 
are abolished, and all jurisdiction, power, au- 
thority and duty theretofore vested in said 
courts and justices of the peace, and in the 
clerks, officers, interpreters, stenographers and 
employes of said courts and justices shall 
cease and determine, except as provided in tha 
next section and section 1,372 of this act; and 
from and after the passage of this aot no per- 
son shall be elected to the office of district 
court justice or justice of the peace in any 
portion of the territory included within the 
city of New York as constituted by this act. 

Municipal court created. 

Sec. 1,351. On and after the first day of 
January, 1898, the district courts of the city 
of New York and the justices’ courts of the 
First, Second and Third districts of the City 
of Brooklyn are hereby continued, consoli- 
dated and reorganized under the name of “The 
Municipal Court of the City of New York,” 
which said court shall be a local civil court 
within the city of New York as constituted 
by this act, and shall not be a court of record 
or have any equity jurisdiction; but shall 
have the jurisdiction, powers, duties and 
organization hereinafter prescribed. 

Justices. 

Sec. 1,352. The said court shall be held by 
justices to be elected or appointed as follows: 

1. The justices of said district courts of 
the city of New York and said justices of the 
peace in the First, Second and Third dis- 
tricts of the City of Brooklyn in office on the 
first day of January, 1898, shall continue for 
the remainder of the terms for which they 
were elected or appointed, and shall be called 
justices of the municipal court of the city 
of New York, and shall have all the powers 
and jurisdiction and be subject to all the 
duties and requirements hereinafter pre- 
scribed for justices of said muncipal courts. 
Election of successors. 

2. The successors of the justices mentioned 
in the first subdivision of this section shall 
be elected by the electors of the districts for 
which said justices were elected or appointed 
respectively, as described and renumbered in 
sections 1,359, 1,360 and 1,361 of this act, at 
the general election to be held in the year 


THE CHARTER FOR THE GREATER NEW 


at the end of which the terms of said justices 
shall expire. 

Id. When terms expire in 1897. 

3. There shall he elected at the general 
election to be held on the first Tuesday suc- 
ceeding the first Monday of November, In the 
year one thousand eight hundred and ninety- 
seven, as many justices of said municipal 
court as there shall be justices of the said 
district courts in the city of New York or 
justices of the peace of the said First, Second 
and Third districts in the City of Brooklyn, 
whose terms expire at the end of the year 
1897. Such justices shall be elected by the 
electors of 'the districts for which such 
justices whose terms expire in 1897 were 
elected or appointed, as described and re- 
numbered in sections 1,359, 1,360 and . 1,361 
of this act. 

Additional justices. 

4. On or before the twentieth day of Janu- 
ary, one thousand eight hundred and ninety- 
eight, the mayor of the city of New York 
shall appoint seven additional justices of said 
municipal court two of whom shall be resi- 
dents of the Fourth and Fifth districts of the 
borough of Brooklyn, three of whom shall be 
residents of the First, Second and Third dis- 
tricts of the borough of Queens, and two of 
whom 6hall be residents of the First and 
Second districts cf the borough of Richmond, 
respectively. The justices so appointed shall 
hold office till the 31el. day of December, 
1899, and their successors shall be elected at 
the general election to be held in the year 
1899, and shall be residents of the same dis- 
tricts as the justices appointed pursuant to 
this subdivision. 

Qualifications, etc., of justices. 

Sec. 1,353. No one shall hereafter be eligi- 
ble to the office of justice of the said munici- 
pal oourt unless he be a resident and elector 
in the district for which he shall be elected 
or appointed and has been an attorney and 
counselor at law of the state of New York 
for at least five years. None of said justices 
shall engage in any other business or profes- 
sion or hold any other public office or act 
as referee, but each of such justices shall 
devote his whole time and capacity, so far 
as the public interest demands, to the duties 
of his office; provided, however, that this re- 
striction shall not apply to the justices of said 
court mentioned in subdivision 1 of section 
1,352 of this act. 

Oath. 

Sec. 1,354. The Justices elected or appointed 
pursuant to this act shall, before entering 
upon their duties, take the cath of office pre- 
scribed by the constitution, and file the same 
with the city clerk. 

Salary. 

Sec. 1,355. The salary of each of said jus- 
tices, except those appointed or elected from 
the boroughs of Queens and Richmond, shall 
be six thousand, dollars a year, to be paid 
In equal monthly installments by the prop- 
er officers of said city, and the salary of each 
of said justices appointed or elected for the 
boroughs of Queens and Richmond shall be 
five thousand dollars a year, to be paid in 
the same manner. 

Terms. 

Sec 1,356. The terms of said justices to be 
elected pursuant to this title shall be ten 
years. 

Vacancies. 

Sec. 1,357. Vacancies occurring in the of- 
fice of Justice of said court shall be filled 
at the next ensuing general election for the 


unexpired term commencing on the first day 
of January next after said election, and the 
mayor of the city shall appoint some prop- 
er person to fill such vacancy in the interim 
within twenty days after the same occurs. 

Districts. 

Sec. 1,358. The several boroughs composing 
the city of New York are hereby divided into 
districts, in each of which sessions of said 
municipal court shall be held, as specified in 
the next five sections. 

Borough of the Bronx. 

Sec. 1,359. In the borough of the Bronx there 
shall be two districts, as follows: 

1. The first district embracing the terri- 
tory described in chapter 934 of the laws of 
1895. 

2. The second district embracing the re- 
mainder of said borough. 

Borough of Manhattan. 

Sec. 1,360. In the borough of Manhattan 
there shall be eleven districts, as follows: 

1. The First district embraces the Third, 
Fifth and Eighth wards of said borough of 
Manhattan, and all that part of the First 
ward lying west of Broadway and Whitehall 
street, including Nuttin or Governor’s Island, 
Bedloe’s Island, Bucking or Ellis Island and 
the Oyster islands. 

2. the Second embraces the Second, Fourth, 
Sixth and Fourteenth wards, and all that por- 
tion of the First ward lying south and east of 
Broadway and Whitehall street. 

3. The Third district embraces the Ninth 
and Fifteenth wards. 

4. The Fourth district embraces the Tenth 
and Seventeenth wards. 

5. The Fifth district embraces the Seventh, 
Eleventh and Thirteenttf wards. ’ 

6. The Sixth district embraces the Eight- 
eenth and Twenty-first wards. 

7. The Seventh district embraces the Nine- 
teenth ward. 

8. The Eighth district embraces the Six- 
teenth and Twentieth wards. 

9. The Ninth district embraces the Twelfth 
ward, except that portion thereof which 
lies west of the center line of Lenox or Sixth 
avenue and of the Harlem river north of the 
terminus of Lenox avenue. 

10. The Tenth district embraces the Twen- 
ty-second ward and all that portion of the 
Twelfth ward which is bounded on the north 
by the center line of One Hundred and Tenth 
street, on the south by the center line of 
Eighty-sixth street, on the east by the center 
line of Sixth avenue and on the west by the 
North river. 

11 . The Eleventh district embraces that 
portion of the Twelfth ward which lies north 
of the center line of West One Hundred and 
Tenth street and west of the center line of 
Lenox or Sixth avenue and of the Harlem 
river north of the terminus of Lenox or Sixth 
avenue. 

Borough of Brooklyn. 

Sec. 1,361. In the borough of Brooklyn 
these shall be five districts as follows: 

1. The First .district embraces the First, 
Second, Third, Fourth, Fifth, Sixth, Tenth 
and Twelfth wards. 

2. The Second district embraces the Sev- 
enth, Eighth, Ninth, Eleventh, Twentieth, 
Twenty-first, Twenty-second and Twenty- 
third wards. 

3. The Third district embraces the Thir- 
teenth, Fourteenth, Fifteenth, Sixteenth, 
Seventeenth, Eighteenth and Nineteenth 
wards. 

4. The Fourth district embraces the Twen- 


YORK. 187 


ty-fourth. Twenty-fifth, Twenty-sixth, Twen- 
ty-seventh and Twenty-eighth wards. 

5. The Fifth district embraces the Twen- 
ty-ninth, Thirtieth, Thirty-first and Thirty- 
second wards. 

Borough of Queens. 

Sec. 1,362. In the borough of Queens there 
shall be three districts, as follows: 

1. The First district embraces Ward One 
of said borough. 

2. The Second district embraces Wards 
Two and Three of said borough. 

3. The Third district embraces Wards Four 
and Five of said borough. 

Borough of Richmond. 

Sec. 1,363. In the borough of Richmond 
there shall be two districts, as follows: 

1. The First district embraces Wards One 
and Three of said borough. 

2. The Second district embraces Wards Two, 
Four and Five of said borough. 

Jurisdiction. 

Sec. 1,364. Except as provided in the next 
section the said municipal court has Jurisdic- 
tion in the following civil actions and pro- 
ceedings, including an action against a domes- 
tic corporation or a foreign corporation hav- 
ing an office in the city of New York: 

1. An action to recover damages upon or for 
breach of contract, express or implied, other 
than a promise to marry, where the sum 
claimed does not exceed five hundred dollars. 

2. An action to recover damages for a per- 
sonal injury or an injury to property, ex- 
cepting, however, actions to recover damages 
for an assault, battery, malicious prosecution, 
false imprisonment^ libel, slander, criminal 
conversation, seduction, or loss of society of 
a husband or wife, where the sum claimed 
does not exceed five hundred dollars. 

3. An action for a fine or penalty not ex- 
ceeding five hundred dollars, including an ac- 
tion to recover a penalty given by the charter 
of the city of New York or any bylaw or ordi- 
nance thereof or by any statute of the state. 

4. An action upon a bond conditioned for 
the payment of money where the sum claimed 
to be due does not exceed five hundred dollars, 
the judgment to be rendered for the sum 
actually due. Where the sum secured by the 
bond is to be paid in Installments an action 
may be brought for each installment as it 
becomes due. 

5. An action upon a surety bond or under- 
taking taken in said court or in any district 
court of the city of New York or by any jus- 
tice of the peace. 

6. An action upon a judgment rendered in 
said court or in a district court of the city of 
New York or in a justice’s court, or in the 
municipal court of the city of Rochester, or 
In the municipal court of the alty of Syracuse, 
or in the municipal court of the city of Buf- 
falo. 

7. An action to recover one or more chat- 
tels with or without damages for the taking, 
withholding or detention thereof where the 
value of the chattel or of all the chattels as 
stated in the affidavit made on the part of the 
plaintiff does not exceed $500, subject to the 
qualifications specified in sections 1,689, 1,690, 
1,691 and 1,692 of the code of civil procedure. 

8. An action in behalf of the people of the 
state brought by the direction of a commis- 
sioner of public charities or Of an overseer 
of the poor upon a bastardy or abandonment 
bond in a case where it is prescribed by law 
that such an action can bo maintained in said 
municipal court of the city of New York or 

*in any court not being a court of record. 

9. An action to recover damages for an es- 
cape from the jail liberties as provided 6* 


138 


THE CHARTER FOR THE GREATER NEW YORK. 


chapter 2, title 2, articles IV and V, of the 
code of civil procedure, where the sum 
claimed doo3 not exceed 3100. 

10. An action upon the bond of a marshal of 
the city of New York in a case where it is 
prescribed by a special statutory provision 
that such an action can be maintained in a 
district court or in said municipal court. 

11. An action for damages for fraud or de- 
ceit in tho sale, purchase or exchange of 
personal property where the damages claimed 
do not exceed $000. 

12. A summary proceeding under title two 
of chapter seventeen of the code of civil pro- 
cedure to recover possession of real prop- 
erty which, or a portion of which, is situated 
within the district wherein the application 
for such recovery is made. 

13. To render judgment upon the confes- 
sion of the defendant or defendants as pre- 
scribed in title six of chapter nineteen of the 
code of civil procedure where the sum con- 
fessed does not exceed five hundred dollars. 

14. Other civil actions or proceedings of 
which district courts in the city of New York 
or justices of the peace shall have jurisdiction 
on the 31st day of December, 1897, except such 
as shall be expressly excluded by this act. 

Id. Continued. 

Sec. 1,365. The said municipal court cannot 
take cognizance of any civil action In either 
of the following cases: 

1. Where the title to real property comes 
In question as prescribed in title third of 
chapter nineteen of the code of civil proced- 
ure, and sections 2,951 to 2,958 of said code, 
both inclusive, apply to an action brought in 
said court; and In an action brought in said 
court the surety upon the defendant’s under- 
taking is liable in the case specified in section 
2,952 of said code to any amount for which 
judgment might have been rendered by said 
court if the answer and undertaking had not 
been delivered. The provisions of section 
1,349 of chapter 410 of the laws of 1882 shall 
govern in such cases. 

2. Where the action is brought against an 
executor or administrator as such and the 
amount claimed is in excess of fifty dollars. 

3. Where the action is against the city of 
New York as hereby constituted. 

4. Where, in a matter of account, the sum 

total of the accounts of both parties, proved 
to the satisfaction of the court, exceeds one 
thousand dollars. j j ^ 

Removal. 

Sec. 1,366. In an action specified in the last 
section but. one, excepting subdivisions eight 
and ten, where the damages claimed or the 
value of tho chattel or ail the chattels claimed, 
as stated in the complaint, exceeds two hun- 
dred and fifty dollars, the defendant may, 
after issue is joined and before an adjourn- 
ment has been granted upon bis application, 
apply to the justice holding court in the dis- 
trict in which the action is brought for an 
order removing the action, and if it be in the 
Second district of the borough of tho Bronx 
or In any district of the borough of Manhat- 
tan to the city ocurt of the city of New York, 
If in any other district into the county court 
of the county wherein the district is situated, 
If tike said county court has jurisdiction of 
such action, otherwise into the supreme court 
in such county. Such an order must be grant- 
ed upon the defendant’s filing with the clerk 
an undertaking in a sum fixed by the justice 
not exceeding twice the amount of the dam- 
ages claimed or twico tho value of the chattel 
or of all tho chattels claimed, as stated in the 
complaint, with one or more sureties, to tho 
effect that the defendant will pay to tho plain- 
tiff the amount of any judgment that may be 
recovered against hh^ in tho court to which 


such action shall be so removed. From the 
time of granting tho order the city court or 
county court or supreme court, as the case 
may be, has cognizance of tho action, and the 
clerk of the district must forthwith deliver 
to the clerk of such court to which the action 
shall be removed all process, pleadings and 
other papers in the action and certified copies 
of all minutes, entries and orders relating 
thereto, which must be filed, entered, or re- 
corded as the case requires in the latter’s 
office. 

Appeals. 

Sec. 1,367. 1. An appeal from a judgment ren- 
dered in the municipal court of the city of 
New York may be taken to the supreme court 
in the cases and in the manner prescribed in 
articles first and section of title eight of 
chapter nineteen of the code of qivil pro- 
cedure. Such appeal shall be heard in such 
manner and by such justice or justices as 
the appellate division of the supreme court 
in the judicial department embracing the 
district wherein the action is brought shall di- 
rect. The appellate court may reverse, af- 
firm or modify the judgment appealed from, 
and where a judgment is reversed may order 
a new trial in the municipal court in the 
district in which the action was brought. 
Where a judgment is modified or a new trial 
is ordered costs shall he in the discretion 
of the appellate court. 

2. In all cases of appeal from the decision 
of the said municipal court, where a trans- 
cript of the stenographer’s minutes of testi- 
mony on the trial becomes a necessary part 
of the justice’s return, the stenographer’s fees 
for making such transcript shall be at the 
rate of five cents for every hundred words 
and be paid in the first instance by the ap- 
pellant and afterward taxable by him as a 
disbursement on the appeal. 

Process. 

Sec. 1,368. The municipal court in any dis- 
trict shall have power to send its process 
and other mandates In an action or special 
proceeding of which it has jurisdiction into 
any district or part of the city of New York 
for service or execution and to enforce 
obedience thereto, and such process and man- 
dates may be served in any district or part 
of the city of New York, as constituted by 
this act. 

Procedure, etc. 

Sec. 1,369. In so far as the same axe consist- 
ent with this act, all provisions of law relat- 
ing to the procedure and organization, tho 
summons, precept, attachment, arrest, sub- 
pena or other process, service and execution of 
the same, time, appearances, parties, attor- 
neys, practice, proceedings, pleadings, amend- 
ments, adjournments, defaults, judgments, 
transcripts, docketing, executions, offers, fees, 
costs, disbursements, joint debtors, deposi- 
tions, taking testimony by commission and de 
beno esse, guardians ad litem, trials, jurors 
and drawing of jurors and all matters incident- 
al to the same, the powers and duties of jus- 
tices and clerks and other employes in district 
courts in the city of New York which shall be 
in force on the 31st day of December, 1897, 
shall apply to and control and govern the ‘same 
in the said municipal court # and the branches 
thereof In each district, except that a mar- 
shal of the city of New York cannot appear or 
act on behalf of either or any party in an action 
or proceeding in said municipal court. Sections 
8 to 14, inclusive of the code of civil procedure, 
excepting subdivision 7 of said section 14^ 
are hereby made applicable to and shall govern 
said municipal court. But in all cases where 
in any statute relating to said district courts 
the power aud authority of said cewts is lim- 


ited to the city and county of Now York, or 
to persons residing in or who are about to 
leave the city and county of New York, the 
power and authority of said municipal court ia 
extended to the city of New York, as consti- 
tuted by this act, and to all persons residing 
in or who are about to leave said city of New 
York, as so constituted, except as in this chap- 
ter otherwise expressly provided. In an ac- 
tion specified in section 1,364 of this act (ex- 
cept subdivisions 8 and 10), where the damages 
or tho value of the chattels as claimed in the 
complaint, exceed $100, if, at the time of 
joining an issue of fact the defendant demand 
a trial by a jury of twelve men, the justice 
shall order such a jury to be summoned to t/y 
the same, and the proceedings and fees shall 
be the same as are prescribed in section 1,373 
of chapter 410 of the laws of 1882. 

Actions, in what district brought. 

Sec. 1,370. An action or proceeding of which 
this court has jurisdiction must be brought: 

1. In a district in which either the plaintiff 
or defendant or one of the plaintiffs or one 
of the defendants resides, unless all the 
plaintiffs or all the defendants reside out of 
the city of New York, in which case the ac- 
tion or proceeding may he brought in said 
court in any district. 

2. If the defendant be a corporation creat- 
ed by law, in a district in which the plain- 
tiff or either of the plaintiffs resides, or in 
Which (if it he a corporation) it transacts Us 
general business or keeps an office or has on 
agency established for the transaction of busi- 
ness or is established by law, except the cor- 
poration of the city of New York, which may 
sue in. any district, except as in the next sec- 
tion provided. 

3. By plaintiffs not residing In the city of 
New York, in the district in which the de- 
fendant or one of the defendants resides, and 
against a defendant or defendants not resid- 
ing in said city, in the district in which the 
plaintiff or one of the plaintiffs resides; but 
where all of the parties reside out of said city 
the action may be brought in any district. 
No person who shall have a place in said 
city for the regular transaction cf business 
shall be deemed a non-resident under the 
provisions of this title. 

4. If the district in which the action or pro- 
ceeding is brought is not the proper district, 
the action may, notwithstanding, be tried 
therein, unlosts the action is transferred to 
the proper district before trial upon the de- 
mand of the defendant made upon or before 
the joinder of issue in writing or in open 
court, followed by tho consent of the plain- 
tiff, given in like manner, cr tho order of the 
court. The demand must specify the district 
to which the defendant requires the action 
to tfe transferred. The court must make such 
order when the district in which the action or 
proceeding is brought is not the proper dis- 
trict, as specified in this soctlon cr the next 
one if such demand ho made. 

Id. When brought by the corporation. 

5. All actions by or on behalf of the city 
of New York to recover a penalty or fine for 
a violation of any corporation ordinance, 
when the amount of such penalty or fine shall 
not exceed five hundred dollars, must be 
brought in the district in which the violation 
of such ordinance happened or occurred, and 
the justice holding court in the same judicial 
district may direct any of the city marshals 
to collect the payment and make returns in 
the same manner as now provided by law. 
And all actions to recover a penalty or fine 
for a violation of any provision of the sani- 
tary code adopted by the board of health or 
o* a-ny leguiatica cf the lire commissioner or 


THE CHARTER FOR THE GREATER NEW 


laws which either said board or commissioner 
is authorized, empowered and especially 
charged to enforce, where the amount of such 
penalty or fine shall not exceed five hundred 
dollars, must be brought in the district in 
which such violation happened or occurred. 

Where held. 

Sec. 1,371. The said municipal court shall 
be held in each of the aforesaid districts by 
a justice of said court as hereinafter speci- 
fied, at the places provided by the municipal 
assembly, and in accordance with law, at 
such hours in every judicial day or so often 
as the board of justices of the municipal 
court shall direct, and must continue in ses- 
sion so long as the public interest requires; 
and it shall be the duty of the municipal 
assembly within thirty days after the 31st 
day of December, 1897, to provide a suit- 
able place for the holding of said court in 
each of said districts, provided that more 
than one place for holding such court may be 
provided at any time after this act takes 
effect in any district, if the said board of 
Justices shall certify that the public conven- 
ience requires such additional number of 
places. 

Seals. 

Sec. 1,372. The said court in each district 
shall have official seals furnished at the ex- 
pense of the city, on which shall be engraved 
the arms of the state of New York and the 
words “Municipal Court of New York, Borough 
of Manhattan” (or whatever the borough may 
be), “First District” (or whatever the dis- 
trict may be), but nothing herein contained 
shall authorize such court to issue certificates 
of naturalization. 

Clerks and assistant cierks. 

Sec. 1,373. There shall be in and for each 
district a clerk of said court and in each dis- 
trict in the boroughs of Manhattan, Brook- 
lyn and of the Bronx, an assistant clerk, who 
shall be appointed by the Justice elected or 
appointed from said district as hereinbefore 
provided, and shall hold office for the term of 
six years from the date of appointment; and 
before entering upon his duties each such 
clerk or assistant clerk shall file in the office 
of the controller of the city of New York a 
bond in the penal sum of five thousand dollars, 
conditioned for the faithful discharge of his 
duty and the duo accounting for and pay- 
ment of all money by him received or with 
him deposited in any action a*s such clerk or 
assistant clerk, to be approved by the said 
controller to be Indorsed thereon. Each such 
clerk and assistant clerk shall receive a sal- 
ary of three thousand dollars per annum (ex- 
cept In the boroughs of Queens and Rich- 
mond, wherein che salary of the clerk shall 
bo two thousand dollars per annum), to bo 
paid in equal monthly installments; and 
neither said clerks nor assistant clerks nor 
other employes of' said courts shall receive 
any fee or compensation whatever for their 
own use for any services performed by them 
by virtue of their offices other than their 
salaries; and the duties of such clerks and as- 
sistant clerks shall be the same as those now- 
imposed by law upon the clerks and assistant 
clerks of the district courts in the city of 
New York. No such clerk, assistant clerk 
or other employe of such court shall hold any 
other office or be interested in any other busi- 
ness, except as permitted by the next sec- 
tion, but shall give their whole time to their 
respective duties and shall reside in the 
borough in w-hich the district for which they 
are appointed respectively is situated. For 
any breach of said bond the appellate division 
of the supremo court or any justice of tho 
supreme court in the judicial department 


wherein the district for which such clerk or 
assistant clerk is appointed is situated, may 
order the same to be prosecuted in the name 
of any person damaged by such breach. The 
clerks, assistant clerks, stenographers, inter- 
preters and attendants of the district courts 
in the city of New York and of the justices’ 
courts of First, Second and Third districts 
of the city of Brooklyn, who shall be in office 
on the first day of January, 1898, 
shall continue until the expiration of their 
respective terms, in the like capacities as 
officers of the said municipal court. Each 
justice upon appointing a clerk or assistant 
Clerk shall make duplicate certificates of 
such appointments, stating the term of the 
appointment and when It will expire, and one 
of such duplicates shall be filed by him in 
the office of the city clerk, and the oth^r 
with the secretary of the board of justices 
provided for in the next section. The said 
justices shall in like manner on or before the 
30th day of January. 1898, also appoint the 
officers necessary to attend the court in each 
district, not exceeding two, at an annual sal- 
ary of one thousand dollars, and a stenogra- 
pher in and for each district at an annual 
salary of two thousand dollars, and in and for 
each district in the borough of Manhattan an 
interpreter at an annual salary of twelve 
hundred dollars. Each of said attendants, 
stenographers and interpreters, shall be ap- 
pointed for two years or to fill the residue of 
an umexpired term. The said justices may 
remove any of said attendants, stenographers 
or interpreters, provided that before removal 
such officers shall have notice of the cause of 
their proposed removal and an opportunity 
to make an explanation; and the reasons for 
any removal shall be briefly entered on such 
minutes. 

Board of justices. 

Sec. 1,374. On and after the first day of 
January, 1898, the justices of said court shall 
constitute the board of justices of the munic- 
ipal court and discharge the functions there- 
of. They may elect a president from their 
own number and at pleasure remove him and 
elect a succossor. All meetings of said board 
shall be public and all proceedings shall be 
recorded in its books of mi*ute3 by its secre- 
tary and shall be preserved. Such board 
may designate a clerk of said court for one of 
said districts to act as secretary of said board, 
and from time to time substituto another, 
and fix a reasonable compensation to be paid 
for such service. Such board shall establish 
public rules relative to its meetings, which 
as far as possible shall be held at regular 
times, to tho keeping and preservation of its 
minutes and tho appointment of clerks, as- 
sistant clerks and other appointees, and to tho 
public Inspection of its minutes under the 
care of tho secretary at reasonable times. 

Board to make rules. 

Sec. 1,375. Said board of justices shall 
adopt, and from time to time may amend or 
add to rules relating to the following sub- 
jects: 

1. As to the justices who shall hold ses- 
sions of said municipal court in each of said 
districts at times and places to be specified 
in said rules and to provide fc-r a rotation 
of the justices holding the same, provided 
that the justices elected or appointed for any 
borough shall hold court in said borough; 
but if a vacancy exists or tho illness or other 
inability of any justice assigned to hold court 
provents bis attendance any other justice of 
said court may hold the saute. And if at any 
time before or after the commencement of 
the trial It shall appeur to the satisfaction cf 
the justice that he is a necessary witness on 
the trial of the cause, or otherwise disquaii- 


YORK. 139 


fled to try the same, he shall by an order en- 
tered in the cause order the same and the 
papers in the same to be transferred to an 
adjoining district, or adjourned to such time 
as his successor in holding court In said dis- 
trict according to such rules for rotation, 
may be holding said court as justice may re- 
quire. Such rules respecting rotation and 
the designation of justices shall be made on 
or before the 25th day of January, 1898, and 
shall be published in the City Record and one 
newspaper published In each borough at least 
once before the first day of February. 

2. As to the hours at which said courts 
shall be opened on each day and what officers 
shall be in attendance. 

3. As to the order of business and manner 
ef its discharge. 

4. As to the manner in which the clerks 
and assistant clerks shall perform their du- 
ties, the manner at keeping records and pa- 
pers, t'he collection and disposition of moneys 
and keeping accounts of the same. 

5. As to the maintenance of order in and 
about the courts and offices thereof. 

Concurrence of majority. 

Sec. 1,376. The concurrence of a majority 
of all the members of said board shall be 
necessary to adopt any resolution thereof. 

Rules of supreme court applicable. 

Sec. 1,377. The rules and regulations of the 
supreme court, as they may be from time 
to time, shall apply to the municipal court 
so far as the same can be made applicable. 

Clerks to administer oaths. 

Sec. 1,378. The clerks and assistant clerks 
of the said municipal court are authorized to 
administer oaths in the city of New York in 
the same manner and with the like effect as 
clerks of courts of record. 

Justices to administer oaths, etc. 

Sec. 1,379. The justices of said municipal 
court may in the city of New York, by vlr- 
tue of their office, administer oaths, take depo- 
sitions and acknowledgments and certify tho 
same in the manner and with like effect as 
justices of courts of record. Sections 914 to 
917, inclusive, and section 3,319 of the code of 
civil procedure appiy to the justices of said 
court. 

Access to court houses. 

Sec. 1,380. The justices of said court shall 
have on and after the first day of February, 
1898, tho like access and possession of the 
court houses that theretofore were enjoyed by 
the justices of the district courts and justices 
of the peace in the territory included within 
the city of New York as constituted by this 
act; and it shall be the duty of the municipal 
assembly of the city of New York and its sev- 
eral officers charged with duties in that behalf 
to supply anu pay for whatever may be neces- 
sary for the transaction of the business of 
said municipal court and the justices thereof, 
and to supply all propor accommodations, 
books, stationery and furniture and to pay 
all salaries, compensations and expenses and 
disbursements herein authorized, and the 
board of estimate and apportionment shall an- 
nually include in its final estimate such sums 
as may be necessary to pay the same. 

Delivery of papers, etc. 

Sec. 1,381. On the first day of February, 
1898, It shall be the duty of the district court 
justices and justices of the peace whose pow- 
ers and jurisdiction shall have been termin- 
ated by tho provisions of this act, or of any 
act abolishing towns within the teTritory 
embraeed in the city of New York as hereby 
constituted, or otherwise, and of the clerks 


140 


THE CHARTER FOR THE GREATER NEW YORK. 


and assistant clerks, deputy clerks or other 
officers of said district courts or justices’ 
courts to deliver to the justices of the said 
municipal court all papers, documents and 
records pertaining to their office. 

Disposition of causes pending in district courts 
etc. 

Sec. 1,382. No action or proceeding which 
ifhall be pending at midnight, on the 31st day 
of January, 1898, in any district court or jus- 
tices’ court within the territory included 
within the city of New York as constituted 
by this act, shall abate by reason of the pas- 
sage of this act; but all such actions and pro- 
ceedings so pending shall be continued there- 
after in said municipal court; and the said 
district courts and justices’ courts existing on 
said 31st day of January, 1898, shall have 
power to adjourn any action or proceeding 
then pending before them or either of them 
to the first day of February following, or to 
some day thereafter when the same shall be 
continued before the municipal court In the 
district wherein such district court or jus- 
tices’ court shall be situated or held; and all 
papers, documents and records relating to 
such actions or proceedings shall be transmit- 
ted and delivered to the justices designated 
to hold court in said districts respectively. 

Removal. 

Sec. 1,383. The justices of said court and the 
clerk3 and assistant clerks thereof may be re- 
moved for cause after due notice and an op- 
portunity of being heard by the appellate di- 
vision of the supreme court in the judicial 
district wherein the district for which said 
Justices were elected or appointed, or wherein 
the district for which such clerks or assist- 
ant clerks were appointed, is situated. 

Justices of district courts, etc., to act till Feb- 
ruary 1, 1898. 

Sec. 1,384. Until midnight of said thirty-first 
day of January, eighteen hundred and ninety- 
eight, the district courts and justices’ courts, 
and the Justices, clerks, assistant clerks, at- 
tendants, stenographers, interpreters and other 
employes thereof, in any and all portions of 
the territory Included within the city of New 
York, as constituted by this aot, shall con- 
tinue to perform all the duties and exercise all 
the powers which may be by law imposed on 
or vested in them on the thirty-first day of 
December, eighteen hundred and ninety-seven. 

TITLE 3. 

INFERIOR COURTS OF CRIMINAL 
JURISDICTION. 

Division of city for such purpose. 

Section 1,390. For the purposes of adminis- 
tration of criminal justice, the city of New 
York, as hereby constituted, is divided into 
two divisions, as follows: The first division 
embraces the boroughs of the Bronx and of 
Manhattan; the second division embraces the 
boroughs of Brooklyn, Queens and Richmond. 

Special sessions in first division continued. 

Sec. 1,391. The court of special sessions of 
the city and county of New York now existing 
Is continued with the same powers, duties and 
jurisdiction as it shall have by law on the 
thirty-first day of December, one thousand 
eight hundred and ninety-seven, except as 
herein otherwise provided and shall be known 
as the court of special sessions of the First 
division of the city of New York, and the jus- 
tices of the said court, and the clerks, deputy 
clerks, and other employes thereof then in 
office, shall continue to hold their offices un- 
til the expiration of their respective terms. 


Their successors shall be appointed in the 
same manner and have the same salary, powers 
and duties as are provided by chapter 601 of 
the laws of 1895. 

City magistrates in first division continued. 

Sec. 1,392. The city magistrates in the city 
of New York appointed pursuant to chapter 
six hundred and one of the laws of one thou- 
sand eight hundred and ninety-five or of 
any act amending the same in office when this 
act takes effect shall continue to hold office 
until the expiration of their respective terms, 
and shall be known as the city magistrates of 
the first division of the city of New York, and 
they and their successors shall be residents of 
said firstdivision. They shall eachreceivedur- 
ing their respective terms of office the salaries 
which they were receiving at the time this act 
takes effect. Their successors shall be 
appointed in the same manner and have the 
same powers and duties as are provided by 
said chapter 601 of the laws of 1895 and shall 
each receive a salary of $6,000 a year. 
The clerks, clerks’ assistants, and other 
appointees of said magistrates and their 
courts in office when this act takes effect shall 
continue therein until the expiration of their 
respective terms. The board of city magis- 
trates constituted by said chapter 601 of the 
laws of 1895 shall continue and shall be 
known as the board of magistrates of the 
first division of the city of New York. Said 
magistrates and said board of magistrates 
and said clerks, assistants and other ap- 
pointees shall continue to have and exercise 
the same powers, jurisdiction, functions and 
duties within said first division as they or 
any of them shall have by law upon the thirty- 
first day of December, 1897, except as herein 
otherwise provided. 

Police justices abolished. 

Sec. 1,393. From and after midnight of 
the thirty-first day of January, 1898, the office 
of police justice in any part of the territory 
embraced within the second division of the 
city of New York, as defined in section 1,390 
of this act and the court of special sessions 
in the city of Brooklyn, is and are abolished, 
and all authority, power, duty and jurisdiction 
then vested in such police justices, and in 
the courts held by them, and in the clerks, 
deputy clerks, police clerks and all other 
officers and employes of said justices or courts 
shall cease and determine, except as herein- 
after provided. 

City magistrates in second division. 

Sec. 1,394. From and after midnight of said 
thirty-first day of January, 1898, there shall 
be in the said second division of the city of 
New York eleven city magistrates, with the 
jurisdiction and powers hereinafter prescrib- 
ed. The police justices in the former city of 
Brooklyn in office on the thirty-first day of 
January, one thousand eight hundred and 
ninety-eight, shall continue in office for the 
residue of their respective terms, but shall 
be known as city magistrates of the second 
division of the city of New York, and have 
the powers and duties hereinafter prescribed 
for city magistrates and no other. On or 
before the twentieth day of January, 189S, 
the mayor of the city of New York shall ap- 
point five additional city magistrates, three of 
whom shall be residents and electors of the 
borough of Queens, and two of whom shall 
be residents and electors of the borough of 
Richmond, all of whose terms shall com- 
mence on the first day of February, 1898. The 
terms of one of said magistrates so appointed 
for each of said boroughs of Queens and Rich- 
mond shall expire on the thirty-first day of 
December, 1905, and the terms of the remain- 
der of the magistrates so appointed for 


Queens and Richmond shall expire on the 
thirty-first day of December, 1907. The suc- 
cessors of said magistrates shall at all times 
thereafter be appointed by the mayor of said 
city, and shall be residents and electors of 
the borough from which said magistrates 
whom they shall be appointed to succeed 
were appointed, and shall hold office for ten 
years. Upon the happening of any vacancy 
in said office, whether by expiration of a 
term or for any other cause, the mayor shall 
appoint some proper person to fill such va- 
cancy within thirty days after the same oc- 
curs, and in case such vacancy occurs other- 
wise than by expiration of a term, the per- 
son appointed to fill the same shall be ap- 
pointed for the unexpired residue of the term. 

Salary, etc. 

Sec. 1,395. The salary of each of said city 
magistrates in said Second division shall bo 
six thousand dollars a year, to be paid in 
equal monthly installments, except that the 
said magistrates appointed for the boroughs of 
Queens and Richmond respectively shall each 
receive a salary of five thousand dollars a 
year; and provided further, that the police 
justices of the former city of Brooklyn who 
become city magistrates pursuant to section 
1,394, shall continue to receive during their 
respective terms of office the salaries which 
they were respectively receiving at the time 
this act takes effect. Upon making an 
appointment of an officer pursuant to this 
title the mayor shall make three written 
certificates thereof, each of which shall state 
the title of the office, the borough from which 
such officer is appointed, and the term for 
which the appointment is made. One of such 
certificates he shall deliver to the person ap- 
pointed and of the others he shall cause one 
to he filed in the office of the city clerk, and 
one bo be filed in the office of the clerk of 
the oounfy in which is situated 'the borough 
from which such person is appointed. 

Powers. 

Sec, 1,396. The said magistrates appointed 
or continued in office pursuant 'to this title, 
shall have and exercise within the said Sec- 
ond division such powers as are conferred by 
law upon the city magistrates in the city of 
New York, by chapter six hundred and one 
of the laws of 1895, and the acts amending 
the same, except as herein otherwise pro- 
vided. 

Board of magistrates. 

Sec. 1,397. The said magistrates appointed 
and continued in office pursuant bo section 
1,394 of this act shall constitute the hoard of 
city magistrates of the Second division of the 
city of New York, and said beard shall have 
the same powers, duties, anl functions as are 
specified in sections four, five, six and seven 
of said chapter 601 of the laiws of 1895, ex- 
cept as herein otherwise provided. 

Magistrate to be in constant attendance. 

Sec. 1,398. A city magistrate shall be in 
cons>bant ( attendance in each of the city mag- 
istrates’ courts between the hours of nine 
o’clock in the morning and four o’clock in 
the afternoon on every day except Sundays 
and legal holidays, but Including election day; 
and the rules for rotation of magistrates to 
be made as provided in subdivisou one of 
section five of said chapter 601 of 'the laws of 
1895 shall not require the magistrates ap- 
pointed in said Second division to hold court 
in any other borough than that for which he 
was appointed; provided, however, that if a 
vacancy exists or the illness, absence of other 
Inability of any magistrate assigned to hold 
any city magistrate’s court in either division 
prevents his holding the same, any other city 


THE CHARTER FOR THE GREATER NEW YORK. 


141 


magistrate in the city of New York may hold 
such court. 

transfer of charges. 

Sec. 1,399. The provisions of section 9 of 
said chapter 601 otf the laws of 1895, as amend- 
ed by chapter 908 of the laws of 1895, shall 
apply to all of said city magistrates and to 
all charges and complaints brought before 
any of the said magistrates appointed pursu- 
ant to this title. 

Clerks and employes. 

Sec. 1,400. All the provisions of said chap- 
ter 601 of the laws of 1895, relating to the 
appointment of police clerks, their terms of 
office, compensation, bonds, powers and du- 
ties, the removal of the same, and relating 
to the appointment, compensation, terms, re- 
moval and. duties of clerks’ assistants, stenog- 
raphers, interpreters and other necessary at- 
tendants (not exceeding two for each court), 
shall apply to and govern the same matters 
In the said second division; provided that no 
such clerk or other officer or employe appoint- 
ed by said board of city magistrates of said 
second division shall hold any other office or 
he interested in any other business, but shall 
give their whole time to their respective du- 
ties, and shall reside in the borough for the 
city magistrate’s court in which they shall 
be appointed respectively; and the number of 
such clerks to be so appointed for said second 
division shall 'be eleven. 

Justices of special sessions appointed. 

Sec. 1,401. On or before the twentieth day 
of January, 1898, the mayor of said city of 
New York shall appoint five justices of the 
court of special sessions of the second divis- 
ion of the city of New York provided for by 
this title, who shall hold office until the 
thirty-first day of December, 1899, 1901, 1903, 
1905, 1907 and 1909 respectively. 

Vacancies. 

Sec. 1,402. Any vacancy in said office shall 
be filled by the mayor of said city by appoint- 
ment within thirty days after its occurrence. 
If such vacancy occur otherwise than by ex- 
piration of a term the person appointed to 
fill such vacancy shall hold office for the 
unexpired term of the Justice whom he suc- 
ceeds. If the vacancy occur by the expira- 
tion of a term, the person appointed to suc- 
ceed the justice whose term has expired shall 
hold office for the term of ten years. The 
salary of the justices of the court of special 
sessions in the Second division shall be six 
thousand dollars a year, to be paid in equal 
monthly installments. 

Qualifications. 

Sec. 1,403. The persons eligible to be ap- 
pointed justices of the court of special ses- 
sions and city magistrates in the Second 
division must possess the same qualifications 
and bo subject to -the same regulations and 
requirements as are prescribed for such jus- 
tices and magistrates respectively in section 
twenty-five of said chapter six hundred and 
one of the laws of eighteen hundred and 
ninety-five. No person shall be appointed 
to the office of justice of the court of special 
sessions or city magistrate unless he shall 
be a resident of the division of said city for 
which he shall be appointed. 

Clerks. 

Sec. 1,404. All the provisions of said chap- 
ter six hundred and one of the laws of eigh- 
teen hundred and ninety-five respecting the 
appointment of a clerk and deputy, sten- 
ographer, interpreter and other officers, their 
salaries, terms of office, removal and duties 
shall apply to the court of sessions in said 


Second division, except that the term of such 
clerk, deputy clerk and other officers shall 
commence on the first day of February, 1898; 
the terms of such clerk and deputy clerk 
shall be for five years respectively, and the 
salary of said clerk 3hall be three thousand 
dollars a wear, payable in equal monthly 
installments. Said clerk and deputy clerk 
shall be residents of the said second division. 
The justices of said court of special sessions 
in the second division of the city of New 
York shall also appoint a clerk of said court 
for each of the boroughs of Queens and Rich- 
mond, each of whom shall hold office for five 
years from the first day of February, 1898, 
and receive a salary of two thousand dollars, 
payable in equal monthly installments. The 
said justices may also appoint such officers 
and attendants for said court in the said 
boroughs of Queens and Richmond, including 
stenographers and interpreters as may be 
necessary for the due transaction of the 
business of said court, and fix and alter their 
salaries; subject to the power of reduction 
thereof given to the board of estimate and 
apportionment. All the provisions of said 
act respecting the removal and duties of such 
officers respectively shall apply to the officers 
appointed as herein provided. 

Court of special sessions; how held. 

Sec. 1,405. The court of special sessions of 
either of said divisions of the city of New 
York, must be held by three of the justices 
of said court, and any order, determination 
or judgment of two of said justices shall be 
the order, determination or judgment of the 
court. Said court shall sit in every month 
of the year in said first division and in each 
of said boroughs of Brooklyn, Queens and 
Richmond. 

Jurisdiction. 

Sec. 1,406. The said courts of special ses- 
sions 3hall have jurisdiction as follows: 

1. Except as otherwise provided in this 
title, the said courts of special sessions of 
the city of New York shall have in the first 
instance exclusive jurisdiction to hear and 
determine all charges of misdemeanors com- 
mitted within the city of New York, except 
charges of lfbel. Provided, however, that 
the same 'shall be tried in the county wherein 
such misdemeanors are charged to have been 
committed. 

The said courts shall, however, be divest- 
ed of jurisdiction to proceed with the hearing 
and determination of any charge of misde- 
meanor in either of the following cases: 

First: If before the commencement of the 
trial in said court of any person accused of 
a misdemeanor, a grand jury shall present 
an indictment against the same person for 
the same offense; or 

Second: If, before the commencement of 
any such trial, a Justice of the supreme court 
in the judicial department where such trial 
would be had; or, if the charge be triable in 
the county of New York, the recorder of the 
city of New York or a judge authorized to 
hold a court of general sessions of the peace 
in and for the county of New York; or, if the 
charge be triable In another county, a county 
judge of such county shall certify that it is 
reasonable that such charge shall be prose- 
cuted by indictment. No such certificate 
shall be made upon the application of a de- 
fendant, without at least two days notice to 
the district attorney, but pending the deter- 
mination of the application therefor, any just- 
ice or judge authorized to make such certifi- 
cate may order that all proceedings in the 
court of special sessions, except to admit to 
bail, be stayed for a period or for successive 
periods, which shall not in all exceed ten 
days. Upon the service of said order upon 


the clerk of the said court of special sessions 
in the county wherein the charge is 
triable, all proceedings thereon in said court, 
except to admit the defendant to bail, shall be 
stayed until the expiration of the time speci- 
fied in said order. Upon the filing of the cer- 
tificate aforesaid with the clerk of the said 
court of special sessions, in the county where- 
in the charge is triable, all further proceed- 
ings thereon by said court of special sessions 
shall be stayed, and the said clerk shall with- 
in five days thereafter make a return of all 
proceedings had in the said court of special 
sessions relating to such charge and transmit 
such return and all papers relating to such 
charge, together with said certificate and any 
undertaking given by the defendant to the 
district attorney of the county wherein the 
misdemeanor charged in alleged to have been 
committed. The said district attorney shall, 
without delay, present the said charge to the 
grand jury of said county. 

Remission of fines. 

2. They shall have jurisdiction at the re- 
quest of a defendant to remit a fine imposed 
by them and in place of such fine to substitute 
in its discretion imprisonment. 

Bastardy proceedings. 

3. They shall have exclusive jurisdiction in 
the first instance of all proceedings respecting 
bastards within the city of New York and the 
Jurisdiction conferred by section 838 to 860 in- 
clusive of the code of criminal procedure shall 
be exclusively exercised within said city by 
said courts. The application specified in sec- 
tion 840 of said code of criminal procedure 
shall be made to the court of special sessions 
in the county wherein a bastard is born or 
where the woman pregnant of a bastard likely 
to be born is. 

Application of existing laws. 

4. The said court and its justices shall have 
and exercise all the powers and jurisdiction 
not inconsistent with this act which on the 
31st day of December, 1897, shall by law be 
vested in the court or justices of special ses- 
sions in the city and county of New York and 
in the police courts, police justices and courts 
of special sessions in any part of the territory 
embraced in the city of New York as consti- 
tuted by this act, excepting that conferred up- 
on police justices of the City of Brooklyn by 
section 2,234 of the code of civil procedure; and 
the same jurisdiction and powers in all mat- 
ters relating to the administration of the crim- 
inal law not inconsistent with this act, which 
on said 31st day of December, 1897, shall by 
law be vested in justices of the peace in any 
part of said territory. 

Practice. 

Sec. 1,407. On and after the first day of 
February, 1898, all sections of the code of 
criminal procedure consistent with this act 
regulating and controlling the practice and 
procedure of the court of general sessions of 
the peace in the city and County of New York 
shall apply, as far as may be, to the practice 
and procedure in the said courts of special 
sessions, and shall regulate and control the 
practice and procedure of said courts in so 
far as their jurisdiction and organization will 
permit. All trials in said courts of special 
sessions provided for by this title shall 'be 
without a jury. 

Justices to be magistrates. 

Sec. 1,408. The justices of said courts of 
special sessions are magistrates, and shall 
have and exercise all the jurisdiction and 


THE CHARTER FOR THE GREATER NEW 


142 


powers not Inconsistent with this act which 
are by law conferred upon magistrates. 

Adoption of rules. 

Sec. 1,409. The justices of said courts of 
special sessions shall meet and adopt, and 
may from time to time amend or add to rules 
relating to the following subjects: 

1. Regulating the procedure and practice 
of said courts. 

2. Prescribing the duties of the clerks and 
other officers and attendants of said courts. 

Regulation of time, etc. 

Sec. 1,410. The justices of said courts of 
special sees ions of said First and Second di- 
visions of the city of New York respectively 
shall meet and adopt and may from time to 
time amend or add to rules relating to the 
folio wing subjects: 

1. Establishing the times and places at 
■which said court shall be held within each 
of said divisions respectively. 

2. Assigning the justices to hold said courts 
from time to time, but if any justice assigned 
to sit In said court at any time shall be ab- 
sent any other justice of the court of special 
sessions in the city of New York may sit in 
his place and stead. 

Sec, 1,411. It shall be the duty of the dis- 
trict attorney of each of the counties of New 
York and Kings to attend in person or by his 
assistant at all sessions of said courts of spec- 
ial sessions within his county. 

Appeals from city magistrates. 

Sec. 1,412. All provisions of law conferring 
the right of appeal and prescribing the pro- 
cedure on appeal to the court of general ses- 
sions of the peace in the city and county of 
New York from any judgment or other de- 
termination of a police justice, including a 
judgment of commitment under section two 
hundred and ninety-one of the penal code, or 
of any court held by a police justice, shall 
apply to and regulate all appeals from any 
judgment or other order or determination of 
a city magistrate in the county of New York 
and the right of appeal to said court of general 
sessions from such judgment or other order or 
determination of such city magistrate in the 
county of New York is hereby continued; and 
the like appeal is hereby granted and conferred 
from the judgment, order or other determina- 
tion of a city magistrate elsewhere within the 
city of New York to the county court of the 
county where the same is made. 

Appeals from special sessions. 

Sec. 1,413. The provisions of section 20 
of chapter 601 of the laws of 1895 respecting 
appeals from a judgment or determination of 
the court of special sessions in the city and 
county of New York shall continue and apply 
to appeals from the courts of special sessions 
in the city of New York, as constitued by this 
act. 

Delivery of papers, etc, 

See. 1,414. Oil the first day of February, 
1898, it shall be the duty of the police jus- 
tices, justices of tho peace and other officers 
whoso powers and jurisdiction shall have 
been terminated by any of tho provisions of 
this act or of any act abolishing towns and 
villages within the territory embmeed with- 
in the city of New York, as hereby consti- 
tuted, or otherwise, to deliver over to the 
city magistrates appointed pursuant to this 
title all papers, documents and records of 
their courts appertaining to their offices, and 
in like manner to deliver over to the justices 
of the court of special sessions appointed pur- 


suant to this act all papers, documents and 
records pertaining to the court of special ses- 
sions. 

Possession of court houses. 

Sec. 1,415. The city magistrates and jus- 
tices o<f the court of special sessions ap- 
pointed or continuing in office pursuant to 
this title shall have on and after said first day 
of February, 1895, the like access and pos- 
session in respect to the court 'houses or other 
places provided for the proceedings of police 
justices within said city, as 'hereby consti- 
tuted, as were -theretofore enjoyed by the po- 
lice justices in the territory embraced within 
said city, as so constituted. And it shall be 
tho duty of -the city of New York and its 
several officers charged with duties in that 
behalf to supply and pay for whatever may be 
necessary for the transaction of business of 
the said city magistrates and courts of spe- 
cial sessions and the justices thereof, and to 
supply ail proper court houses and accommo- 
dations, books, stationery and furniture, and 
to pay all salaries, compensations, expenses 
and disbursements herein authorized or au- 
thorized by said chapter 601 of the laws of 
1895; and the board of estimate and appor- 
tionment shall annually include in its final 
estimate such stuns as may he necessary to 
pay such salaries, compensations, expenses 
and disbursements. 

Pending actions. 

Sec. 1,416. No criminal action or other pro- 
ceeding which shall be pending in any court 
of special sessions or any proceeding respect- 
ing bastards which shall be pending before a 
police justice or a justice or justices of the 
peace within the territory embraced in the 
city of New York, as constituted by this act, 
at midnight on the thirty-first day of January, 
1898, shall abate or he anywise affected by the 
passage of this title, and all such actions 
or other proceedings so pending shall thereaf- 
ter be continued before the court of special 
sessions, as provided for by this title. And 
any court of special sessions or justice of 
the peace before whom any such action or 
proceeding shall be pending at said time 
shall have power to adjourn the same to the 
first day of February or some day thereafter, 
when the same shall be continued before the 
court of special sessions as herein provided 

fOT. 

Designation of magistrates. 

Sec. 1,417. The may*or of the city of New 
York shall c-n or before the twenty-fifth day 
of January, 1898, designate in respect to all 
actions and proceedings which shall be pend- 
ing at midnight on the said thirty-first day of 
January, 1898, before each of the police jus- 
tices and justices of the peace in the territory 
embraced within the said second division of 
the city of Now York, which of tho magis- 
trates appointed by him, pursuant to this act, 
shall thereafter have jurisdiction thereof, and 
the same shall be thereafter transferred to 
and continued 'before the several magistrates 
so designated respectively. Such designation 
shall be published by the mayor for three days 
prior to the first day of February, 1898,, in the 
City Record, and at least once in a newspaper 
published in each borough within said second 
division. 

Justices to act. 

Sec. 1,418. Until midnight of said thirty-first 
day of January, 1898, the several police jus- 
tices and justices of the peace within the ter- 
ritory included within said second division 


YORK. 


shall continue to exercise all the authority, 
power, jurisdiction and duties given and im- 
posed upon them by law on the thirty-first 
day of December, 1897. 

TITLE 4 . 


THE HARSHALS. 

Sec. 1,424. The marshals in the city of 
New York as heretofore known and bounded, 
and the marshals and constables in the cities 
of Brooklyn and Long Island City, and In 
the several towns mentioned in section 
1 of chapter 1 of this act, In office at 
the time this act shall take effect, shall con- 
tinue to hold such offices and perform the 
duties thereof until midnight of the thirty- 
first day of January, one thousand eight hun- 
dred and ninety-eight, and said terms of 
office shall then expire, except those of the 
marshals in the late city of New York and 
the marshals in the late city of Brooklyn, 
who shall continue to be marshals of the city 
of New York, as hereby constituted, till the 
expiration of their respective terms. 

Sec. 1,425. On or before the twentieth day 
of January, 1898, the mayor of the city of 
New York shall appoint ten marshals in the 
manner provided in the next section, who 
shall hold their respective offices for six 
years, and there shall be appointed in the like 
manner every sixth year hereafter the same 
number of marshals for the like terms. Any 
person appointed after the commencement 
of the term, as herein prescribed, shall hold 
only until the expiration of the term and un- 
til a successor is duly appointed and qualified. 

Sec. 1,426. Six of said marshals so to be 
appointed shall be residents of the borough 
of Queens and four residents of the borough 
of Richmond, and said marshals shall be as- 
signed by the mayor to such duty within the 
boroughs wherein they reside respectively 
as is or may be provided by law. 

Sec. 1,427. On the expiration of the terms 
of said marshals of the city of New York men- 
tioned in the last clause of section 1,424 of 
this act, the said mayor shall appoint their 
successors for terms of six years respectively. 

Sec. 1,428. In so far as consistent with this 
act, the provisions of law relating to the 
bonds, duties, powers and fees of marshals, 
and all other matters concerning marshals in 
the city of New York in force on the thirty- 
first day of December, 1897, shall apply to the 
marshals appointed or continued in office pur- 
suant to this title; provided, however, that 
the bonds of said marshals so appointed pur- 
suant to this title shall be filed in the office of 
the city clerk, and that in the prosecution of 
the official bonds of all marshals, application 
for leave to prosecute the same shall be made 
to a justice of tho supremo court at chambers 
in the judicial department wherein the bor- 
ough for which such marshal shall have been 
appointed is situated, and such leave shall 
not bo granted unless it appears that a tran- 
script of the judgment against such marshal 
has been Hied in the office of the clerk of tho 
county within which such borough is situated, 
and such justice mq.y order such bond to be 
prosecuted in the municipal court of the city 
of New York, or in the city court of the city 
of New York if such borough be within the 
county of New York, or in the county court 
of tho county wherein such borough lies, if 
in any other county. 

Sec. 1,429. The mayor may remove any mar- 
shal, after giving him an opportunity to bo 


143 


THE CHARTER FOR THE GREATER NEW YORK. 


heard, upon charges in writing preferred 
against such marshal and filed with the 
mayor. 

CHAPTER XXI. 

THE ACQUISITION OF LANDS 
AND INTERESTS THEREIN 
FOR PUBLIC PURPOSES. 

Procedure for acquirement of ,‘ands and in- 
terests therein. 

Sec. 1,435. Whenever the city of New York, 
or any of the departments, including the de- 
partment of education, or boards of the said 
?ity government, shall bo authorized by law 
to acquire title to real estate or any tene- 
ments, hereditaments, corporeal or incor- 
poreal rights in the same, for any public use 
or purpose by condemnation, the proceeding 
for that purpose shall be taken and conducted 
in the manner prescribed in this title, except 
as provided in section 1,448 of this act. 

Maps to be prepared. Entry on premises for 

examination thereof. 

Sec. 143C. When any such lands have been 
selected, and the said department or board has 
-determined to take proceedings for the acqui- 
sition of the same, said department or board 
shall cause two similar surveys, maps or plans 
thereof to be prepared, one of which shall be 
filed in the office of the said department or 
board, and the other of which shall be filed 
in the office of the register or county clerk of 
the county in which the lands are situated; 
and it shall be lawful for the duly au- 
thorized agents of the said department or 
board, and all persons acting under its au- 
thority, and by its direction, to enter, in the 
daytime, into and upon any and all lands, ten- 
ements and hereditaments which it shall be 
necessary to enter into and upon for the pur- 
pose of making such surveys, maps or plans 
or for the purpose of making such soundings 
or borings as the said department or board 
may deem necessary. 

Appointment and duties of commissioners o 

estimate. 

Sec. 1,437. When the said maps, surveys or 
plans have been filed as hereinbefore provid- 
ed, the said department or board of the said 
city acting by and through the corporation coun- 
sel of said city, is hereby authorized to make 
application to a special term of the supreme 
court, in and for the judicial district in which 
said lands are situated, for the appointment 
cf commissioners of estimate, and the said 
court shall thereupon nanio three discreet and 
disinterested persons, being residents of the 
city of New York, as such commissioners of 
estimate, for the purpose of performing the 
duties hereinafter mentioned. Ten days' no- 
tice of such application, Sundays and holidays 
excluded, shall be published in the City Rec- 
ord and the corporation newspapers, and al- 
so at the option of the corporation counsel in 
other newspapers, not exceeding three in num- 
ber, published in said city of New York. Up- 
on the appointment of said commissioners 
they shall severally take and subscribe an 
oath or affirmation, before some officer author- 
ized to administer oaths, in tho ferm required 
by section 1 of article 13 of tho constitution 
of this state, which oaths shall bo forthwith 
filed in the office of the clerk of the supreme 
court In the judicial district in which said 
lands arc situated. It shall be tho duty of the 
said commissioners, after having viewed the 
said lands, tenements, hereditaments and 
premises required for public uses and pur - 1 


poses, as above set forth, to mako a just and 
equitable estimate of the loss and damage to 
the respective owners, lessees, parties and 
persons respectively entitled to or interested 
In the said lands, tenements, hereditaments 
and premises, and to make report thereof to 
the said supreme court with due diligence. 

Reports of commissioners of estimate. Pres- 
entation thereof to the court. When title to 

vest in city. 

Sec. 1,438. In each and all and every case 
when the owners, or parties interested, or 
their respective estates and interests are un- 
known, or not fully known, to the said com- 
missioners, it shall be sufficient for them to 
estimate and set forth and state in their said 
reports, in general terms, the respective sums 
to be allowed and paid to the owners and pro- 
prietors generally of such lands, tenements, 
hereditaments and premises and parties in- 
terested therein, for the loss and damage to 
such owners, proprietors and parties interest- 
ed in respect of the whole estate and inter- 
est of whomsoever may be entitled unto or 
interested in said lands, tenements, heredita- 
ments and premises respectively, by and in 
consequence of the taking of the same as 
herein provided, without specifying the names 
of the estate or interests of such owners, pro- 
prietors and parties interested, or either of 
them, and upon the coming in of the said re- 
port, signed by the said commissioners, or a 
majority of them, ihe said supreme court at 
a special term thereof held in and for the 
judicial district as aforesaid, shall, by order, 
upon application of the said city, or the said 
department or board of the government there- 
of conducting said proceeding, after hearing 
any matter which may be alleged against the 
same, either confirm said report in whole or 
in part or refer the same back to the same 
commissioners for revisal and correction, or 
to new commissioners, to be appointed by 
the said court, to reconsider the subject mat- 
ter thereof, and the said commissioners to 
whom tho said report shall be so referred 
shall return the said report, corrected and re- 
vised, or a new report, to be made by them, 
as aforesaid, in the premises, to the said 
court, without unnecessary delay, and the 
same on being so returned shall be confirmed 
or again referred by the said court, as justice 
shall require, and such report when confirmed 
by said court, in whole or in part. Shall be 
final and conclusive, as well upon the said 
city and the said department or board as up- 
on the owners, lessees, persons and parties in- 
terested in and entitled to the lands, tene- 
ments, hereditaments and promises mentioned 
in said report, and also upon all other persons 
whomsoever. And on tho final confirmation 
of said report, the said city of New York, ex- 
cept as hereinafter provided, shall become 
and be seized, in fee simple absolute, c<f the 
lands included in said report, the same to be 
converted, appropriated and used to and for 
tho purposes far which the same shall be ac- 
quired accordingly. And thereupon the said 
city, acting by and through the department 
or board instituting and having charge of said 
proceeding, shall immediately take possession 
cf tho same, without any suit or proceedings 
at law for that purpose, and all leases and 
other contracts in regard to the said lands 
so taken, or any part thereof, and all cove- 
nants, contracts, or engagements between 
landlords and tenants, or any other contracting 
parties, shall, upon the confirmation of such 
reports respectively cease and determine and 
be absolutely discharged according to law. 

When title may be vested by resolution. 

Sec. 1,430. Should the department or board 
1 cf the said city governn-eat inrtiti-tiag the 


said proceeding, deem it for the public inter- 
est that the title to the lands and premises, 
or any Interest therein, required for any pub- 
lic improvement or for any public purpose 
and acquired hereunder, should be acquired 
by tho city of New York at a fixed or speci- 
fied time, tho said department cr board may 
direct, by re-solution passed before the appli- 
cation to the court for tho appointment cf 
commissioners of estimate, made under sec- 
tion 1,437 of this act, and which said resolu- 
tion shall be recited in the petition for the 
appointment of such commissioners, that at 
a date four months after the filing of the 
oaths of said commissioners, the title to any 
piece or parcel of land, or to any interest 
therein, to be taken or acquired in the said 
proceeding, shall vest in the city of New 
York. At the expiration of said four months 
from the filing of said oaths, the said city 
of New York shall become and be seized in 
fee of said lands, tenements and heredita- 
ments and all interests 'therein in said resolu- 
tion mentioned, that shall or may be acquired 
as aforesaid, the same to be held, appropri- 
ated, converted and used to and for the pur- 
poses for which the said proceeding is insti- 
tuted. In such cases interest at the legal 
rate upon the sum or sums to which the own- 
ers, lessees, parties or persons interested 
in the said real e-state or interests therein are 
justly entitled upon the date of the vesting of 
title in the city of New York, as aforesaid, 
from said date to the date of the payment of 
the award mado to such owners, lessees, par- 
ties or persons in interest shall be paid as 
hereinafter set forth. And at the expiration 
of the said four months and upon the vest- 
ing of said title, tho said city, acting by and 
through the said department or board con- 
ducting said proceeding, shall immediately 
take possession of the lands included in the 
same and the interests thereby affected, 
without any suit or proceeding at law for that 
purpose. And all leases and other contracts 
in regard to said lands so taken, or any part 
thereof, and all covenants, contracts or en- 
gagements between landlords and tenants or 
any other contracting parties shall, upon the 
vesting of said title, respectively cease and 
determine and be discharged according to 
law. 

Notice of deposit and presentation of report; 

payment of awards with interest. 

See. 1,440. The said commissioners of esti- 
mate, at least fourteen days before they pre- 
sent their report to the supreme court, shall 
deposit a true report or transcript of such 
estimate in the office of the department or 
board conducting such proceeding, for the in- 
spection of whomsoever lit may concern, and 
shall give daily notice by advertisement in 
the City Record and the corporation news- 
papers, and also, at .he option of the corpora- 
tion counsel, in other newspapers, not ex- 
ceeding three in number, published in said 
city of New York, for ten days, Sundays and 
holidays excluded, after depositing such re- 
port, of the said deposit thereof in said office, 
and for the day on which the said report will 
be presented to said court, and any person 
or persons whose rights may be affected 
thereby, and who may object to the same, cr 
any part thereof, may, within ten days after 
the first publication of such notice, s«t forth 
their objections to the same in wruing to 
tho said commissioners, who shall, after hear- 
ing the parties so objecting, thereupon re- 
consider their said estimate and assessment, or 
the part cr parts thereof so objected. to, and 
in case tho same shall appear to them to re- 
quire correction, but not otherwise, they 
shall and may correct the same accordingly. 
The said city of New York shall, nithin tv 


144 


THE CHARTER FOR THE GREATER NEW YORK. 


calendar months after the confirmation of the 
said report, pay to the parties entitled there- 
to the respective sum or sums so estimated 
and reported in their favor respectively, with 
lawful interest from the date of the confirma- 
tion of the report of said commissioners, or 
If title to said lands shall have vested in the 
city under section 1,438 of this act, from the 
date of said vesting; and in default thereof 
said persons or parties respectively, his, her, 
of their respective heirs, executors, adminis- 
trators, successors or assigns, may ait any time 
or times after application first made, by him, 
her, or them to the controller of the city of New 
York for payment thereof, sue for and recover 
the same with lawful interest, as aforesaid, 
and the costs of suit. 

Owners unknown , infants, or of unsound mind. 

Sec. 1,441. Whenever the owners and pro- 
prietors of any lands, tenements, heredita- 
ments and premises to be taken for any of the 
purposes aforesaid, or the party or parties, 
person or persons interested therein, or any or 
either of them, the said owners, proprietors, 
partites or persons, in whose favor any such 
sum or sums or compensation shall be so re- 
ported, shall be under the age of 21 years, non 
compos mentis or absent from the city of 
New York; and also in all cases where the 
name or names of the owner or owners, parties 
or persons entitled unto or interested in any 
lands, tenements, hereditaments or premises 
that may be so taken for any of the purposes 
aforesaid, shall not be set forth or mentioned 
in said report; or when the said owners, par- 
ties or persons respectively, being named 
therein, cannot, upon diligent inquiry, be 
found, it shall be lawful for the said city of 
New York to pay the sum or sums mentioned 
in the report as payable, or that would be 
coming to such owners, proprietors, parties 
and persons respectively, into the supreme 
court, to be secured, disposed of, improved 
and paid out, as the appellate division of the 
supreme court, in said judicial district, shall 
direct; and such payment shall be as valid and 
effectual in all respects as if made to the said 
owners, proprietors, parties and persons re- 
spectively, themselves, according to their 
just rights, if they had been known, and had 
all been present, of full age, compos mentis; 
and provided, also, that in all and each and 
•very case or cases, where any such sum or 
gums or compensation, so to be reported by 
said commissioners in favor of any person or 
persons, party or parties whatsoever, whether 
named or not named in said report, shall be 
paid to any person or persons, party or parties 
whatsoever, when the same shall of right be- 
long to and ought to have been paid to some 
other person or persons, party or parties, it 
shall be lawful for the person or persons, party 
or parties to whom the said sum or sums ought 
to have been paid, to sue for and recover the 
same, with lawful interest and costs of suit, 
as so much money had and received to his, her 
or their use, by the person or persons, party 
or parties, respectively, to whom the same 
shall have been so paid. Payment of the com- 
pensation awarded by said commissioners of 
estimate to the persons named in their report 
(if not infants or persons of unsound mind) 
Bhall, in the absence of notice to the controller 
of the city of New York of adverse claims 
thereto, protect said city. The said commis- 
sioners of estimate shall include and set forth 
In their report the names of the respective 
owners, lessees, parties and persons entitled 
unto or interested in said report, and each and 
every ppt and parcel thereof, as far forth as 
the same shall be ascertained by them, and add 
a designation and description of such respect- 
ive lands and parcels of land aforesaid, and 
also the several respective sums estimated as 


and for the compensation and recompense or 
allowance to be made for the loss and damage 
of the respective owners of the fee or inherit- 
ance of such lands, 'tenements, hereditaments 
and premises respectively, and for the loss 
and damage of the respective owners of the 
leasehold estate, or theiT Interest therein, sep- 
arately. And the said commissioners shall 
also include in said report the amount of their 
fees and all costs and disbursements for ex- 
penses of surveys, maps and other things. 

Appeal. ^ 

Sec. 1,442. Within twenty days after notice 
of the confirmation of the report of the com- 
missioners as provided for in section 1,438 
of this act, any party interested and deeming 
himself or themselves aggrieved may appeal 
by notice in writing to the other party, to the 
appellate division of the supreme court in 
said judicial district from the appraisal and 
report of the commissioners. Such appeal 
shall be heard on due notice thereof, being 
given according to the rules and practice of 
said court. On the hearing of such appeal, 
the court may direct a new appraisal and 
determination of any question passed upon, by 
the same or new commissioners, in its dis- 
cretion, but from any determination of the 
special term an appeal may be taken upon 
the merits of the said appellate division of 
said court and from any determination of the 
said appellate division any party, if aggrieved, 
may take an appeal to the court of appeals, 
but only as to a question affecting the prin- 
ciple of the assessment of damages by the 
said commissioners. * In the case of a new 
appraisal the second report shall be filed and 
notice thereof given, and such review upon 
appeal or otherwise be had as in the case of 
an original report, and so from time to time 
until a report shall be presented w T hich the 
said court at special term shall finally af- 
firm, and shall be affirmed upon appeal, should 
any appeal be taken. But the taking of an 
appeal by any person or persons shall not 
operate to stay the proceedings under this 
title except as to the particular parcel of real 
estate with which the said appeal is concern- 
ed. Such appeal shall be heard upon the 
evidence taken before such commissioners, 
and any affidavits as to irregularities. 

Removal, etc., of commissioners of estimate . . 

Sec. 1,443. In case of death, resignation, in- 
sanity, disqualification, refusal or neglect to 
act, or removal of any such commissioner of 
estimate appointed as in this chapter pro- 
vided, it shall and may be lawful for the 
court aforesaid, at a special term thereof, held 
in the judicial district as aforesaid, on the 
application of the department or board of the 
said city of New York, conducting said pro- 
ceeding, as often as such event may happen, 
to appoint a discreet and disinterested person, 
being a resident of the said city of New York, 
in the place and stead of such commissioner 
so dying, resigning, becoming insane or dis- 
qualified, refusing or neglecting to act, or re- 
moved, and the surviving commissioners, as 
the case may be, shall have full power to 
proceed in the execution of the duties of their 
appointment until the successor of the com- 
missioner so dying, becoming insane, resign- 
ing, being disqualified, neglecting or refus- 
ing to act, or removed, shall be appointed. 
Ten days’ notice of said application shall be 
given to all parties who have appeared in 
the proceeding. 

Powers of commissioners and of a majority 

thereof; fees, expenses. 

Sec. 1,444. In each and every case of the ap- 
pointment of commissioners under this act, 
it shall be competent and lawful for 
any two of such commissioners so ap- 


pointed as aforesaid, to proceed to 
and execute and perform the trusts and 
duties of their said appointment, and their 
acts shall be as valid and effectual as the 
acts of all the commissioners if they had 
acted together would have been; and further, 
in all cases, the acts, proceedings and decis- 
ions of a major part of such of the commis- 
sioners as shall be acting in the premises, 
shall be as valid, binding and effectual as if 
the said commissioners named and appointed 
for such purposes had all concurred and joined 
therein. In the said proceedings, any of the 
said commissioners of estimate may issue 
subpenas and administer oathes to witnesses. 
The commissioners appointed under and by 
virtue of this title, who shall enter upon the 
duties of their appointment, shall each be 
entitled to receive such compensation as shall 
be awarded by the court, upon the confirma- 
tion of their respective reports, not exceed- 
ing ten dollars for each day upon which they 
shall meet and be actually and necessarily 
employed in the performance of their duties 
as commissioners, beside all reasonable ex- 
penses, to be taxed and allowed by said court 
for maps, surveys, clerk hire, and other neces- 
sary expenses and disbursements, and the 
same shall be included in, considered and paid 
as part of the expenses of acquiring the lands 
or interests therein for the acquirement of 
which the said proceeding is instituted. 

Amendments of defects. 

Sec. 1,445. The special term of the supreme 
court, in the judicial district, as aforesaid, 
shall have power at any time to amend any 
defect or informality in any of the special 
proceedings authorized by this title that may 
be necessary, or to permit any person having 
an interest therein, to be made a party there- 
to, or to relieve from any default, mistake or 
irregularity, or to direct such further notices 
to be given to any party in Interest as it 
deems proper. And the said court may, at any 
time, remove any of said commissioners of 
estimate who, in its judgment, shall be in- 
capable of serving, or who shall, for any rea- 
son in its judgment, be an unfit person to 
serve as commissioner. The cause of such 
removal shall be specified in the order mak- 
ing the same. If in any particular it shall 
at any time be found necessary to amend any 
pleading, proceeding, or to supply any defect 
therein arising in the course of any special 
proceeding authorized by this act, the same 
may be amended or supplied in such a man- 
ner as shall be directed by the said special 
term of the supreme court, which is hereby 
authorized to make such amendment or cor- 
rection. 

Corporation counsel to appear and protect in- 
terests of the city. 

Sec. 1,446. The corporation counsel shall, 
either in person, or by such counsel as he 
shall designate for the purpose, appear for 
and protect the interests of the city in all 
such proceedings in court and before the 
commissioners of estimate. 

Source of payment of awards and expenses. 

Sec. 1,447. The amounts of the awards made 
in a proceeding brought under this title for 
the value of lands and interests therein taken 
hereunder, shall be paid out of the fund cre- 
ated by the act authorizing the acquirement 
of the said lands or interests therein, and the 
money for the payment thereof, together with 
the fees of the commissioners of estimate, 
the compensation of such necessary clerks or 
assistants as they may employ, and all other 
necessary expenses in and about the special 
proceeding instituted under this title, includ- 
ing the fees of counsel employed by the cor- 


THE CHARTER FOR THE GREATER NEW YORK. 


145 


poration counsel in the proceeding, and all 
other reasonable expenses incurred by said 
corporation counsel in the conduct of said 
proceeding, shall be also paid out of the said 
fund so provided. Such fees and expenses 
shall not be paid until they have been taxed 
at a special term of the supreme court in the 
judicial district as aforesaid, upon five days’ 
notice to the corporation counsel of the city 
of New York. Upon such taxation due proof 
of the nature and extent of the services ren- 
dered and disbursements charged shall be fur- 
nished, and no unnecessary costs or charges 
shall be allowed. All such costs, fee and ex- 
penses or disbursements to be taxed, as afore- 
said, shall be stated in detail in the bill of 
costs and charges and expenses, and shall be 
accompanied by such proof of the reasonable- 
ness and necessity thereof, as is now required 
by law and the practice of the said court upon 
taxation of costs and disbursements in other 
special proceedings or actions in said court. 

What proceedings excepted from provisions of 

this title. 

Sec, 1,448. The provisions of this act shall 
not apply to any proceedings for the purpose 
of opening any streets, avenues, or public 
places, parks or parkways, or to any proceed- 
ings for the improvement of or in connection 
with the water supply of the city of New 
York, or for the acquisition of wharf prop- 
erty for the improvement of the water front 
of said city, or to any proceedings, of any 
nature, instituted prior to the time of the 
taking effect of this title, and such proceeding 
shall be conducted in all respects as if this 
title had not been passed. 

CHAPTER XXII. 

GENERAL STATUTES. 

Title 1. The Streets. 

2. Amusements. 

3. Birds. 

4. Commercial paper during epidemic. 

5. Pharmacists and druggists. 

6. Board of City Record. 

7. General provisions. 

8. Coroners. 

TITLE 1. 

THE STREETS. 

Municipal assembly to regulate driving, etc. 

Section 1,454. The municipal assembly is 
hereby authorized and empowered to pass or- 
dinances regulating the rate of speed at 
which horses shall be driven or ridden, and 
at which vehicles shall be propelled through 
any street within the city of New York, and 
to pass ordinances regulating the use of the 
streets in said city by foot passengers, vehi- 
cles and animals. Any person violating any 
ordinance so passed shall be deemed guilty of 
a misdemeanor and upon conviction thereof 
by any magistrate, either upon confession of 
the party or competent testimony, may be 
fined for such offense any sum fixed by such 
ordinance as a penalty not exceeding $10, and 
in default of payment of such fine, may be 
committed to prison by such magistrate until 
tihe same be paid; but such imprisonment 
shall not exceed ten days. Until the munic- 
ipal assembly shall pass ordinances regulating 
the matters which by this title it is au- 
thorized to regulate, the laws and ordinances 
now applicable to such matters in the differ- 
ent parts of the city of New York, as consti- 
tuted by this act, shall continue and remain 
In full farce and effect. 

Law of the road. 

Sec. 1,455. In all cases of persons meeting 
each other In any street in the city of New 


York, in carriages, wagons, carts, bicycles, 
tricycles or sleighs, each person so meeting 
shall go to that side of the street on his right, 
so as to enable the carriages, wagons, carts, 
bicycles, tricycles or sleighs so meeting to 
pass each other, under the penalty of five dol- 
lars for every offense, to be recovered by an 
action with costs of suit, in any court hav- 
ing cognizance thereof, by any person suing 
for the same. The proprietor of the carriage, 
wagon, cart, bicycle, tricycle or sleigh, neg- 
lecting or refusing to turn to the right, as 
above direoted, shall be considered if pres- 
ent at the time cf such meeting, as the person 
committing the said offense, and if absent, 
then Che driver of such carriage, wagon, cart 
or sleigh, or the rider of such bicycle or tri- 
cycle shall be so considered. 

Rubbish, nails, etc., not to be thrown in the 
streets. 

Sec. 1,456. No person or persons shall 
throw, oast or lay, or direct, suffer, or per- 
mit any servant, agent, or employe to throw, 
cast or lay any ashes, offal, vegetables, gar- 
bage, dross, cinders, shells, straw, shavings, 
paper, dirt, filth or rubbish of any kind what- 
ever, in any street in the city of New York. 
The willful violation of any of the foregoing 
provisions of this section shall be and is 
hereby declared to be a misdemeanor, and 
shall be punished by a fine of not less than 
one dollar nor more than ten dollars, or by 
imprisonment for a term of not less than 
one, nor more than five days. It shall be 
a misdemeanor, punishable by a fine of not 
more than five dollars for the first offense 
nor more than ten dollars for the second of- 
fense, and for the third offense not less than 
twenty-five nor more than fifty dollars, or 
by imprisonment for not less than three nor 
more than 'thirty days, or by both such fine 
and imprisonment, for any person being the 
owner or the agent, or the employee of the 
owner of any truck, cart, wagon, or other 
vehicles, or of any box, barrel, bale of mer- 
chandise, or other movable property, to leave, 
or suffer or permit to be left, such truck, 
cart, wagon or other vehicles unharnessed 
! upon any public street within the city of New 
York; or, except upon such portion of any 
marginal street or wharf or place as, by the 
provisions of this act, is committed to the 
custody and control of the board cf docks, to 
leave, or suffer or permit to be kept, any 
such barrel, box, bale, or other property, or 
to erect or cause to 'be erected, any shed, 
building or other obstruction upon any such 
public street; but a truck, cart, wagon or ve- 
hicle for which a permit shall have been Is- 
sued under the provisions of this act, may 
lawfully occupy, between the hours of six 
o’clock in the evening and seven o’clock in 
the morning, and on Sundays and legal holi- 
days, but at no cither time, and in such case 
only so long as said permit remains in force 
under the provisions of this act, the particu- 
lar portion of any street designated and de- 
scribed in said permit, and also except that 
to case of on accident to a truck, cart, wagon 
or other vehicle, the owner or driver of said 
truck, cart, wagon or other vehicle, if it be 
disabled by such accident, shall be allowed 
a reasonable time, not exceeding three hours, 
to remove 1't. 

Every person who shall willfully throw, 
expose or place or who shall willfully ^cause 
or procure to be thrown, exposed or placed, 
in or upon any street in the city of New York, 
open for the passage of animals, any nails, 
pieces of metal, glass or other substance or 
thing which might maim, wound, lame, cut or 
otherwise injure any animal, shall be guilty 
of a misdemeanor. 

Every person who shall willfully throw, ex- 
pose or Dlaea. or who shall cause or Drocure 


to be throwm, exposed or placed in or upon 
any street in the city of New York, open for 
the passage of animals, except upon the 
curves, crossings or switches of railroad 
tracks, any salt, or saltpeter, for the pur- 
pose of dissolving any snow or ice which may 
have fallen or been deposited thereon, shall 
be guilty of a misdemeanor. 

Processions and parades; regulations concern- 
ing. 

Sec. 1,457. All processions or parades occu- 
pying or marching upon any street, to th« 
exclusion or interuptlon of other citizens in 
their individual right and use thereof (ex- 
cepting the national guard and the police and 
fire departments, and associations of veteran 
soldiers) are forbidden unless written notice 
of the object, time and route of such pro- 
cession or parade be given by the chief officer 
thereof, not less than six hours, previous to 
its forming or marching, to the police au- 
thorities of the city, and it may be lawful 
for said police authorities to designate to 
such procession or parade how much of the 
street to width It can occupy, with especial 
reference to crowded thoroughfares through 
which said procession may move, and, when 
so designated, the chief officer of said proces- 
sion or parade shall be responsible that the 
designation Is obeyed; and it shall be the 
duty of the police authorities to furnish such 
escort as may be necessary to protect person* 
and property and maintain the public peace 
and order. 

All processions or parades on Sunday, in 
any street of the city, excepting only funeral 
processions engaged to the actual burial of 
the dead, and processions to and from any 
place of worship to connection with a re- 
ligious service there celebrated, are forbid- 
den; and in no such excepted case shall there 
be any music, fireworks, discharge of can- 
non or firearms, or other disturbing noise; 
provided that to any military or Grand Army 
of the Republic funeral music may be played 
while escorting the body to and from such 
places, but such music shall not be played 
within one block of any place of worship 
where worship is being celebrated. 

• Every person, willfully violating any pro- 
vision of this section or any ordinance passed 
by the municipal assembly pursuant to the 
Last preceding section shall be guilty of a mis- 
demeanor punishable with a fine not exceed- 
ing $20 or imprisonment not exceeding $10, 
or both, at the discretion of the court. 

Stages and omnibuses; consent of property 

owners necessary before franchise granted. 

Sec. 1,458. No stage or omnibus route, or 
authority to run stages or omnibuses in the 
city of New York, shall hereafter be granted 
by Che municipal assembly unless a majority 
of the owners of property upon the streets ia 
or upon which any such route or privilege is 
to be operated shall, before the municipal 
assembly act upon the subject, first consent 
to writing thereto. 

Id. Application to mayor, etc., before rout » 

established. 

Sec. 1,459. Before any route tor the run- 
ning of omnibuses or stages shall be estab- 
lished or allowed to be operated in said city, 
except as provided in section fourteen hun- 
dred and seventy-one of this act, the applica- 
tion therefor shall be made to writing to the 
mayor of said city, specifying the route pro- 
posed to be established and the number of 
stages or omnibuses proposed to he run there- 
on; and unless the said mayor shall commu- 
nicate such application to the municipal as- 
sembly with his approval thereof, and said 
municipal assembly after receiving such com- 


146 


TOE CHARTER FOR THE GREATER NEW YORK. 


municaiion and approval shall vote la favor 
thereof by a majority vote o-f each house, 
no such route shall be established or ope- 
rated; and upon such favorable action such 
route may be established and operated ac- 
cordingly, and the ownership thereof may be 
transferred. 

Id. Stage route to be disposed of like other 

franchises. 

Sec. 1,460. Any stage route or privilege 
hereafter granted by -the municipal assembly 
shall be disposed of in the manner provided 
by law for the disposition of the franchises 
of said city. 

Id. Not to be run except in conformity with 

preceding sections. 

Sec. 1,461. It shall not be lawful to run 
stages or omnibuses in the city of New York, 
as constituted by this act, except in conform- 
ity with the preceding sections. 

Willfully breaking street lamps, etc. 

Sec. 1,462. If any person shall willfully 
break, take down or carry away any glass 
lamp hung or fixed in any of the streets of 
the city of New York; or extinguish the lights 
therein, or be aiding or abetting in the same 
or shall willfully break or deface any glass, 
window, porch, knocker, or other fixture in 
the said city, and shall be convicted thereof 
before the recorder, or before any city 
magistrate, either by the confession of 
the party or by the oath of one or more cred- 
ible witness or witnesses, he or she shall, 
for every such offense, pay a fine not ex- 
ceeding twenty-five dollars. Upon refusal of 
payment of such fine, it shall and may bo 
lawtul for such recorder or justice, before 
whom such conviction shall take place, to 
commit such offender to the penitentiary, 
there t.o remain until such fine and costs are 
paid; but not longer than for the space of two 
months, and if any such offense shall be com- 
mitted by any apprentice or servant, such for- 
feiture shall be paid by his or her master or 
mistress, or in default thereof, such appren- 
tice or servant shall be committed to such 
penitentiary in manner aforesaid. 

d. Detaining offender until name ascertained. 

Sec. 1,463. It shall and may be lawful to 
and for any sheriff, deputy sheriff, marshal, 
or member of the police force, who shall see 
any person commit any of the mischiefs or 
trespasses aforesaid, if such person or per- 
sons shall be unknown to such sheriff, deputy 
sheriff, marshal, or member of the police 
force, to seize, secure, and detain such offend- 
er so unknown to him as aforesaid, until he 
can discover the name of such offender, or 
until the next morning (if the offense shall 
be commuted in the night time and the of- 
fender shall refuse to discover his or her 
name) when such offender shall be brought 
before 'he recorder or one of the police jus- 
tices or city magistrates, who on conviction 
of such offender shall proceed against him or 
her in the manner hereinbefore directed; and 
further, in case any person shall commit any 
or either of the offenses aforesaid in the 
presence of such sheriff, deputy sheriff, mar- 
shal, or member of the police force, then every 
such sheriff, deputy sheriff, marshal or mem- 
ber of the police force shall forthwith give 
information thereof to such recorder or either 
of the police justices or city magistrates, in 
order that such offender may be convicted 
thereof and punished. 

Id. Preceding sections no bar to suit by per- 
son injured. 

Sec. 1,464. Neither the two preceding sec- 
tions, nor anything therein contained, shall 


bar or preclude any person or persons from re- 
covering his, her or their damages against any 
other person or persons who shall be guilty of 
any of the mischiefs or trespasses aforesaid, 
but the same may be recovered in the same 
manner as if they had never been passed. 

Id. Informer relieved of penalty, etc. 

Sec. 1,465. If two or more persons shall have 
been jointly concerned in committing any of 
the offenses aforesaid, and one or more of 
them (not being before informed against) shall 
within the space of one month after the offense 
committed, inform against any or all 'he 
other or others concerned in the same offense 
so as to convict him, her or them, the person 
so informing shall not be liable to the payment 
of the fine hereinbefore mentioned. 

Definition of “street.” 

Sec. 1,466. Whenever the word “street” or 
the plural thereof occurs in this chapter, it 
shall be deemed to include, unless otherwise 
expressly stated, all that is included by the 
terms “street, avenue, road, alley, lane, high- 
way, boulevard, concourse, public square and 
public place,” or the plurals thereof, respect- 
ively. 

TITLE 2. 

AMUSEMENTS. 

Public exhibitions to be licensed. 

Sec. 1,472. It shall not be lawful to exhibit 
to the public in any building, garden or 
grounds, concert room or other place or room 
within the city of New York, any interlude, 
tragedy, comedy, opera, ballet, play, farce, 
minstrelsy or dancing, or any other entertain- 
ment of the stage, or any part or parts there- 
in, or any equestrian, ctrcus or dramatic per- 
formance, or any perfomance of jugglers, or 
rope dancing, or acrobats, until a license for 
the place of such exhibition for such purpose 
shall have been first had and obtained, as 
hereinafter provided. 

Police department grants license. Fee. Pen- 
alty for neglect to obtain license. 

Sec. 1,473. The police department is here- 
by authorized and empowered to grant such 
license, to continue in force until the first 
day of May next ensuing the grant thereof, 
on receiving for each license so granted, and 
before the issuing thereof, the sum of five 
hundrod dollars; and every manager or pro- 
prietor of any such exhibition or performance 
who shall neglect to take out such license, or 
consent, or cause, or allow any such exhibi- 
tion or performance, or any single one of 
fhem without such license, and every person 
aiding in such exhibition, and every owner 
or lessee of any building, part of a building, 
garden, grounds, concert room or other room 
or place, who shall lease or let the same for 
the purpose af any such exhibition or perform- 
ance, or assent that the same be used for any 
such purpose, except as permitted by such 
license, and without such license having been 
previously obtained and then in force if the 
same shall be used for such purpose, shall be 
subject to a penalty of $100 for every such 
exhibition or performance, which penalty 
shall be prosecuted, sued for and recovered in 
the name of the city of New York, and shall 
be paid to the chamberlain of the city of New 
York, to be paid into the treasury of said 
chy. 

Id. Commutation of license fee. 

Sec. 1,474. The said police department is 
hereby authorized to grant licenses for said 
exhibitions or performances for any term less 
than one year, and in any case where such 
license is for a term of three months or less, 


the said police department is hereby author- 
ized to commute for a sum less than $500, but 
in no case less than $250 for a theater, or $150 
for a circus, concert room, or other building or 
place whatsoever. 

Id. Fees to be paid over to controller. 

Sec. 1,475. Upon granting every such license 
authorized by this title, the said police de- 
partment shall receive from the person to 
whom the same shall be granted the amount 
payable for said license, as above provided, 
which amounts as respectively received by 
it shall be paid over to the controller of the 
city of New York, to be paid into the treas- 
ury of said city. 

Revocation of license. 

Sec. 1,476. Any license provided for by the 
preceding sections may be revoked and an- 
nuled by any judge or justice of any court of 
record in said city upon proof of a violation of 
any of the provisions of this title; such proof 
shall be taken before such judge or justice, 
upon notice of not less than two days to show 
cause why such license should not be revoked; 
said judge or justice shall hear the proofs and 
allegations in the case, and determine the 
same summarily; and no appeal shall be taken 
from such determination; and any person 
whose license shall have been revoked or an- 
nuled shall not thereafter be entitled to a li- 
cense under tho provisions of said sections; 
on any examination before an officer, pursu- 
ant to a notice to show cause as aforesaid, 
the accused party may be a witness in his own 
behalf. 

Penalty for violating provisions of this title. 

Sec. 1,477. Any person violating any of the 
provisions of sections 1,472 and 1,473 of this 
act shall be deemed guilty of a misdemeanor, 
and upon conviction shall be punished by im- 
prisonment in the penitentiary for a term not 
less than three months nor more than one 
year, or by a fine not less than $100 nor more 
than $500, or by both such fine and imprison- 
ment. 

Police, etc., to arrest offenders. 

Sec. 1,478. It shall be the duty of every sher- 
iff, deputy sheriff, constable and of every 
member of the police force to enter at any time 
said places of amusement and to arrest and 
convey any person or persons violating any 
provisions of sections 1,472 and 1,473 of this 
act, forthwith, before any city magistrate or 
recorder having jurisdiction in said city, there 
to be dealt with according to law. 

Corporation counsel may enjoin exhibitions 

without license. 

Sec. 1,479. In case any person shall open 
or advertise to open any theater, circus or 
building, garden or ground, concert room or 
other place for any such exhibition or per- 
formance in said city, referred to in section 
fourteen hundred and seventy-two of this act 
without first having obtained a license there- 
for, as provided for by section fourteen hun- 
dred and seventy-three of this act, it shall and 
may be lawful for the corporation counsel of 
the city of New York to apply to the supreme 
court, or any justice thereof, for an injunc- 
tion to restrain the opening thereof until he 
shall have complied with the requisites of 
said section in obtaining such license and also 
with such order as to costs as such court 
or justice may deem just and proper to make 
which injunction may be allowed upon a com- 
plaint to be in the name of the city of New 
York in the same manner as injunctions are 
now usually allowed by the practice of said 
court. Any injunction allowed under this 
section may be served by posting the same 


THE CHARTER FOR THE GREATER NEW YORK. 


147 


upon the outer door of the theater or circus 
or building wherein such exhibitions may be 
proposed to be held, or if the same shall be 
in a garden or grounds, then by posting the 
same at or on or near the entrance way to 
any such place of exhibition; and in case of 
any proceeding against the manager or pro- 
prietor of any such theater, circus, or build- 
ing, or garden or grounds, as aforesaid, it 
shall not be necesar.ry to prove the personal 
service of the injunction, but the service here- 
inbefore provided shall be deemed and held 
sufficient. 

Preceding sections not applicable to certain 
performances. 

Sec. 1,480. The provisions and requirements 
of sections fourteen hundred and seventy- two 
to fourteen hundred and seventy-nine of this 
act, inclusive, shall not be held to apply to 
any building, hall, room or rooms, in which 
only private theatricals, tableaus and other 
exhibitions for charitable and religious pur- 
poses are given, nor to the manager or man- 
agers of exhibitions given by amateurs for 
the benefit of any church, mission, parish or 
Sunday school, or for any other charitable 
or religious purpose, nor shall the same be 
held to apply to the masonic temple in New 
York, or the trustees of the masonic hall and 
asylum fund, so long as the revenues of said 
temple shall continue to be applied to the use 
of the masonic hall and asylum, or other char- 
itable purpose, nor to the educational alli- 
ance, or to the directors or officers of said 
society as such with respect to any building 
which shall in whole or in part be owned or 
leased by said society, while so owned or 
leased, so long as the revenue thereof shall 
continue to be applied to the support of said 
society and to the religious, charitable, social, 
educational, or literary purposes of said so- 
ciety. 

Exhibitions on Sundays prohibited. 

Sec! 1,481. It shall not be lawful to ex- 
hibit, on the first day of the week, commonly 
called Sunday, to the public, in any building, 
garden, grounds, concert room or other room 
or place within the city of New York, any 
interlude, tragedy, comedy, opera, ballet, play, 
farce, negro minstrelsy, negro or other danc- 
ing, or any other entertainment cf the stage, 
or any part or parts therein, or any eques- 
trian, circus or dramatic performance, or any 
performance cf jugglers, acrobats or rope 
dancing. Any person offending against the 
provisions of this section, and every person 
aiding in such exhibitions by advertisements 
or otherwise, and every owner or lessee of 
any building, part of a building, ground, 
garden, or concert room, or other room or 
place, who shall lease or let out the same for 
the purpose of any such exhibition cr perform- 
ance, or assent that the same be used for 
any such purpose, shall be guilty of a misde- 
meanor, and in addition to punishment there- 
for provided by law, shall be subject to a 
penalty of five hundred dollars which pen- 
alty the corporation counsel of said city is 
hereby authorized in the name of the city of 
New York to prosecute, sue for and recover; 
in addition to which every such exhibition or 
performance shall of itself forfeit, vacate and 
annul and render void and of no effect any 
license which shall have been previously ob- 
tained by any manager, proprietor, owner or 
lessee consenting to, causing or allowing, or 
letting any part of a building for the pur- 
pose or any such exhibition or performance. 

Minors under fourteen unaccompanied by adult 

not to be admitted to theaters at night. 

Sec. 1,482. It shall not be lawful for any 
owner, lessee, manager, agent or officer of 


any theater in the city of New York to admit 
to any theatrical exhibition held in the even- 
ing any minor under the age of fourteen 
years, unless such minor is accompanied by, 
and is in the care of some adult person. Any 
person violating the provisions of this sec- 
tion shall be guilty of a misdemeanor, and 
shall be liable to a fine of not less than $25, 
nor more than $100, or imprisonment for a 
term not less than ten nor more than ninety 
days for each offense. All moneys recovered 
under the provisions of this section, for fines, 
shall be paid over to the controller of said 
city, to be paid into the treasury of said city. 

Prohibition of sale of spirituous liquors anp 

employment of female waiters. 

Sec. 1,483. It shall not be lawful to sell or 
furnish any wine, beer, or strong or spiritu- 
ous liquors, to any person in the auditorium 
or lobbies of any place of exhibition or per- 
formance mentioned in section one thousand 
four hundred and seventy-two of this act, or 
in any apartment connected therewith by any 
door, window, or other aperture, except that 
the police department may, In its discretion, 
and subject to such regulations and restric- 
tions as it may determine, permit the same to 
be sold or furnished while concerts, consist- 
ing of vocal or instrumental music only, are 
being given in a place duly licensed by it as 
hereinbefore provided. Such permission shall 
only be operative so long as it shall be law- 
ful under the laws of this state to sell or 
furnish wine, beer, or strong or spirituous 
liquors at such place, and may be revoked at 
any time by the police department. It shall 
not be lawful to employ or furnish or permit 
or assent to the employment or attendance 
of any female to wait on, or attend in any 
manner, or furnish refreshments to the au- 
dience cr spectators or any of them, at any 
of the exhibitions or performances mentioned 
in said section, or at any other place of 
public amusement in the city of New York. 

The provisions of this act shall not be 
construed to interfere with the right of any 
incorporated or other society, organized and 
maintained for the cultivation of vocal or in- 
strumental music, to exercise and practice 
the same in good faith for themselves 
only, and not for the observation and enter- 
tainment of the public; ncr shall the use or 
occupation by any such society for the pur- 
poses aforesaid of any hall or room connected 
with any place wherein by the laws of thi3 
state it is lav/ful to sell wine, beer, cr strong 
or spirituous liquors be construed to make 
such place a place of public amusement with- 
in the provisions of this act. 

Violation of preceding section annuls license. 

Sec. 1,484. No license shall be granted for 
any exhibition or performance given in viola- 
tion of the preceding section, and any 
and every exhibition or performance at which 
any cf the provisions of the said section shall 
be violated, shall cf itself vacate and annul 
and render void and of no effect any license 
which shall have been previously obtained by 
any manager, proprietor, owner or lessee con- 
senting to, causing or allowing or letting any 
part cf a building for the purpose of such ex- 
hibition and performance. 

Violation of any provision of the two preceding 

sections a misdemeanor. 

Sec. 1,485. Any person violating any of the 
provisions of the two preceding sections, or 
employing, or assenting to the employment 
cr attendance of any person contrary to the 
provisions of said sections, shall be deemed 
guilty of a misdemeanor, and upon convic- 
tion shall be punished by imprisonment in 


■the penitentiary for a term not less than 
three months nor more than one year, or by 
a fine not less than $100 nor more than $500, 
or by both such fine and imprisonment. 

Police, etc., to enter places of amusement and 

arrest offenders. 

Sec. 1,486 It shall be the duty of the sheriff, 
deputy sheriff, constable and of every mem- 
ber of the police force to enter at any time 
said places of amusement, and to arrest and 
convey any person or persons violating any 
provision of the three preceding sections, 
forthwith, before any city magistrate or re- 
corder having jurisdiction in said city, there 
to be dealt with according to law. 

Doors and exits to be conspicuously num- 
bered. Diagrams to be printed on pro- 
grammes. 

Sec. 1,487. The owner, lessee, manager, or 
other person or persons, having charge or 
control of any theater shall cause each and 
every door and means of exit to be used in 
case of fire or panic, to be conspicuously 
numbered, so as to be visible to the audience, 
by whom the same may be used, and shall 
have or cause to be printed in conspicuous 
type a plan or diagram and explanation 
showing each of said exits thereon, and 
referring to the numbers aforesaid, 
and the same shall be printed in 
conspicuous type, as aforesaid, on the pro- 
gramme or bill of the play. Any and all per- 
sons who shall violate any of the provisions 
of this section, or fail to comply therewith, 
or any requirement thereof, shall severally, 
for each and every violation and non-compli- 
ance, respectively forfeit and pay a penalty 
in the sum of $50; to be sued for and recov- 
ered in the same manner as violations of the 
building laws in the city of New York are 
now sued for and recovered pursuant to the 
provisions of this act. 

TITLE 3. 

BIRDS. 

Killing or selling certain birds prohibited. 

Sec. 1,493. No person shall kill, wound, 
trap, net, snare, catch with bird lime, or with 
any similar substance or drug, or in any other 
manner capture or sell, expose for sale, or 
transport during the months of April, May, 
June. July, August, September or October, in. 
any year any bird of song, or any linnet, 
bluebird, yellow hammer, yellow bird, thrush, 
woodpecker, cat bird, pewee, swallow, martin, 
blue jay, oriole, kildee, snow bird, grass bird, 
grosbeak, phoebe bird, humming bird, black- 
bird, wren, excepting birds bred in a cage or 
imported from Europe or the southern United 
States. No person shall kill or expose for sale 
or have in his possession after the same has 
been killed, any robin, meadow lark or star- 
ling, between the first day of January and 
the fifteenth day of October, save only whan 
such birds are killed on the premises of the 
persons killing and while they are destroying 
fruit. This section shall not apply to any 
person who shall kill any bird for the purpose 
of studying its habits or history, or having 
the same stuffed and set up as a specimen. 
Any person violating this section shall be 
deemed guilty of a misdemeanor, punishable 
by imprisonment in the county jail or peniten- 
tiary, of not less than five or more than 
thirty days, and shall also be liable to a pen- 
alty of fifty dollars, to be recovered with 
costs, by any person suing therefor in his own 
name. In all actions for the recovery of pea- 


148 


THE CHARTER FOR THE GREATER NEW YORK. 


alties under this section one-half of the recov- 
ery shall belong to the plaintiff, and the re- 
mainder shall be paid to the chamberlain. 

TITLE 4 . 

COMMERCIAL PAPER DURING 
EPIDEMIC. 

Persons, etc., in infected district may have 
names, etc., registered by city clerk. 

Sec. 1,499. Whenever the board of health 
shall, by public notice, designate any portion 
or district of the city of New York as being 
the seat of any infectious or contagious dis- 
ease, and declare communication with such 
portion or district dangerous, or shall pro- 
hibit such communication, it shall be the duty 
of the city clerk during the continuance of 
such disease in such district to provide and 
keep in his office a book for the purpose of 
registering, in alphabetical order, the names, 
firms and places of business of any inhabi- 
tant of the city who shall desire such regis- 
try to be made. 

Id. Must register place at which commercial 
paper to be presented. 

Sec. 1,500. It shall be the duty of all per- 
sons and firms usually resident or doing busi- 
ness within such infected district to register 
in the book so provided by the said city 
clerk their names or firms, with the place or 
places out of such infected district, but with- 
in Che city of New York to which they may 
have removed the transaction of their busi- 
ness, or to which they may desire any notices 
to be sent or served, or any notes, drafts or 
hills to be presented for acceptance or for 
payment. The sum of twenty-five cents may 
be claimed and received by the said clerk 
for every sudh registry; but the book in 
which the same shall be entered shall be at 
all times during office hours open to public 
examination free of all charges. 

Commercial paper may be presented at place 
designated. 

Sec. 1,501. During the continuance of any 
such disease in such infected district all 
drafts, notes and bills, which by law are re- 
quired to be presented for acceptance or for 
payment, may be presented for such purpose 
at the place so designated in such registry, 
and all notices of non-acceptance and non- 
payment of any notes, draft or bill, or of pro- 
test, for such non-acceptance or non-payment, 
may be served by leaving the same at the 
place so designated. 

On failure to register, commercial paper may 
be presented to city clerk. 

Sec. 1,502. In case any person or firm usu- 
ally resident or doing business within such 
infected district shall neglect to make and 
cause to be entered in the book so provided, 
the registry herein required, all notes, drafts, 
or bills which by law are required to be pre- 
sented to such person or firm for acceotance 
or for payment, may be presented to the said 
city clerk during the continuance of such dis- 
ease at any time during office hours, and de- 
mand of acceptance or payment thereof may be 
made of the said clerk, to the same purpose 
and with the same effect as if the same had 
been presented, and acceptance or payment de- 
manded of such person or firm at their usual 
place of doing business. 

On failure to register, notice of protest, etc., 
may be served by leaving at post office. 

Sec. 1,503. In case of the omission to make 
the registry herein required, all notices of the 
non acceptance or non payment of any note, 
draft or bill, or of protest for such non ac- 


ceptance or non payment, may be served on 
any person or firm usually resident or doing 
business within such infected district, by 
leaving the same at one of the post offices 
for the said city, which service shall be as 
valid and effectual as if the notices had been 
served personally on such person or one of 
such firm at his or their usual place of doing 
business. 

When epidemic deemed to have subsided. 

Sec. 1,504. Whenever proclamation shall be 
made by the hoard of health or other proper 
authority of the city, that an infectious or 
contagious disease in any such infected dis- 
trict has subsided, it shall be deemed to have 
subsided, for all purposes contemplated in 
this title. 

TITLE 5. 

PHARHACISTS AND DRUGGISTS. 

Registered pharmacists only to conduct phar- 
macy, except, etc. 

Sec. 1,510. It shall be unlawful for any per- 
son unless a registered pharmacist within the 
meaning of this title to open or conduct any 
pharmacy or store for retailing, dispensing or 
compounding medicines or poisons in the 
city of New York, as constituted by this act, 
except as hereinafter provided; provided that 
the widow or legal representative of a de- 
ceased person who was a registered pharmacist 
within the meaning of this title may continue 
the business of such deceased pharmacist, 
provided that the actual retailing, dispensing 
or compounding of medicines or poisons be 
only by a person who is a registered phar- 
macist within the meaning of this title. 

Id. Qualifications of registered pharmacists. 

Sec. 1,511. Any person, in order to be regis- 
tered, shall be either a graduate in pharmacy 
or a licentiate in pharmacy or a graduate hav- 
ing a diploma from some legally constituted 
medical college or society. But a license as 
a pharmacist granted any person after the 
examination by any board of pharmacy legally 
created under the laws of this state shall en- 
title such person to a license or certificate 
of registration from the board of pharmacy 
created by this title, upon presenting to said 
board his license and complying with the for- 
mal requirements of the laws. Any person 
who, at the time this act takes effect, shall 
be entitled by law to open or conduct any 
pharmacy or store for retailing, dispensing 
or compounding medicines or poisons in any 
part of the territory included in the city of 
New York, as constituted by this act, shall 
be entitled hereafter to open or conduct any 
such pharmacy or store in said city, and to 
be registered by the board of pharmacy cre- 
ated by this title. 

Graduates and licentiates defined. 

Sec. 1,512. Graduates of pharmacy within 
the meaning of this title shall be those per- 
sons who have had at least four years’ experi- 
ence in stores where prescriptions of medical 
practitioners have been compounded, and who 
have obtained a diploma from any college of 
pharmacy within the United States, or from 
some authorized foreign institution or examin- 
ing board; and licentiates in pharmacy shall 
be those persons who have had at least four 
years’ experience in stores where prescrip- 
tions of medical practitioners are compound- 
ed and who shall have passed an examination 
either before the board for the examination of 
and licensing druggists and prescription clerks 
in the city of New York, as heretofore exist- 
ing, established by an act passed March 28, 
1871, or before the board of pharmacy in the 
city of New .York, as heretofore existing, or 


before the board of pharmacy of the county of 
Kings, or before the board of pharmacy 
created by this title, for the city of 
New York, as constituted by this act, 
or such foreign pharmacists as shall 
present satisfactory credentials or certificates 
of their competency and qualifications to the 
said last mentioned board of pharmacy. Jun- 
ior assistants or apprentices in pharmacy shall 
not be permitted to prepare physicians’ pre- 
scriptions until they have become graduates 
or licentiates in pharmacy. 

Board of pharmacy: election, duties. 

Sec. 1,513. The members of the college of 
pharmacy of the city of New York, shall, on 
the first Monday of January, 1898, and on the 
same day every third year thereafter, at a 
special meeting held for that purpose, elect 
five competent pharmacists, three of who&i- 
shall be graduates of some legally constituted 
medical college and the remaining two 
graduates of some legally constituted col- 
lege of pharmacy of the city of New York, 
as constituted by this act, and who shall form 
and be known as the board of pharmacy. The 
members of this board shall, within thirty 
days after their election as aforesaid, individ- 
ually take and subscribe before the clerk of 
the city of New York, an oath faithfully and 
impartially to discharge the duties prescribed 
for them by this title. They shall hold office 
for the term of three years and until their suc- 
cessors are duly elected and have qualified; 
and in case of any vacancy, the trustees of the 
College of Pharmacy shall fill the same from 
two or more nominees elected at a special 
meeting of the College of Pharmacy. The 
said board shall organize for the transaction 
of business by electing from their own num- 
ber, for the whole term, a president and sec- 
retary. The board shall meet at least once 
every three months and three members shall 
constitute a quorum. The duties of the said 
board shall be to transact all business pertain- 
ing to the legal regulation of the practice of 
pharmacy in the city of New York, and to 
examine and register pharmacists. Any phar- 
macist applying for examination shall pay 
to the secretary a fee of $5, and should he pass 
such examination satisfactorily he shall be 
furnished with a certificate as to his compe- 
tency and qualification, signed by the said 
board of pharmacy. 

Books for registration of pharmacists, etc. 

Sec. 1,514. It shall be the duty of the secre- 
tary to keep a book of registration at some 
convenient place, of which due notice shall 
be given through the public press, in which 
book shall be entered, under the supervision 
of the said board, the names and places of 
business of all persons coming under the pro- 
visions of this title. It shall be the duty of 
all such persons to appear before the said 
board of pharmacy, and the fee for the regis- 
tration of pharmacists shall not exceed two 
dollars, and for assistants shall not exceed 
one dollar. The secretary shall give receipts 
for all moneys received by him, and pay over 
the same to the treasurer of the College of 
Pharmacy aforesaid, taking his receipt there- 
for, which moneys shall be used for the pur- 
pose of defraying the expenses of the board of 
pharmacy, and any surplus shall be for the 
benefit of the College of Pharmacy. The sal- 
ary of the secretary shall be fixed by the 
board, and shall be paid out of the registra- 
tion fees. 

Pharmacists responsible for quality of drugs, 

etc., sold; patent medicines, adulteration, 

etc. 

Sec. 1,515. Every registered pharmacist 
shall be held responsible for the quality of 


THE CHARTER FOR THE GREATER NEW YORK. 


149 


all drugs, chemicals and medicines he may 
sell or dispense, with the exception of those 
sold In the original packages of the manu- 
facturer, and also those known as “patent 
medicines,” and should he knowingly, inten- 
tionally and fraudulently adulterate, or cause 
to be adulterated, such drugs, chemicals or 
medical preparations, he shall be deemed 
guilty of a misdemeanor, and upon convic- 
tion thereof, be liable to a penalty not ex- 
ceeding one hundred dollars and in addition 
thereto, his name shall he stricken from the 
register. 

Poisons; retailing of. 

Sec. 1,516. It shall be unlawful for any per- 
son to retail any poisons enumerated in sched- 
ules A and B, as follows, to wit: 

SCHEDULE A. 

Arsenic and its preparations, corrosive sub- 
limate, white precipitate, red precipitate, 
biniodide of mercury, cyanide of potassium, 
hydrocyanic acid, strychnia and all other 
poisonous vegetable alkaloids and their salts, 
essential oil of bitter almonds, opium and its 
preparations, except paregoric and other prep- 
arations of opium containing less than two 
grains to the ounce. 

SCHEDULE B. 

Aconite, belladonna, colchicum, conium, 
nux vomica, henbane, savin, ergot, cotton- 
root, cantharides, creosote, digitalis and their 
pharmaceutical preparations, croton oil, 
chloroform, chloral hydrate, sulphate of zinc, 
mineral acids, carbolic acid and oxalic acid, 
without distinctly labeling the bottle, box, 
vessel or paper in which the said poison is 
contained, and also the outside wrapper or 
cover with the name of the article, the word 
“Poison,” and the name and place of the sell- 
er; nor shall it be lawful for any person to 
sell or deliver any poisons enumerated in 
schedules A and B, unless upon due inquiry 
it be found that the purchaser is aware of its 
poisonous character, and represents that it 
is to be used for a legitimate purpose. Nor 
shall it be lawful for any registered pharma- 
cist to sell any poisons included in schedule 
A, without, before delivering the same to the 
purchaser, causing an entry to be made in 
a book kept for that purpose, stating the date 
of sale, the name and address of the purchas- 
er, the name and quality of the poison sold, 
the purpose for which it is represented by the 
purchaser to be required, and the name of 
the dispenser; such book to be always open 
for inspection by the proper authorities, and 
to be preserved for reference for at least five 
years. The provisions of this section shall 
not apply to the dispensing of poisons, in not 
unusual quantities or doses, upon the pre- 
scriptions of practitioners of medicine. 

Application of preceding sections to practi- 
tioners of medicine and wholesale dealers. 

Sec. 1,517. Nothing contained in the fore- 
going sections of this title shall apply to or 
interfere with the business of any practition- 
er of ipedicine who does not keep open shop 
for the retailing of mdicines and poisons, nor 
with the business of wholesale dealers, but 
the preceding section, and the penalties for 
its violation, shall apply to such persons. 

Fraudulent registration, permitting unlicensed 

person to compound medicines. 

Sec. 1,518. Any person who shall attempt to 
procure registration for himself, or for any 
other person, under this title, by making or 
causing to be made any false representation, 
shall be deemed guilty of a misdemeanor, and 
shall, upon conviction thereof, be liable to a 


penalty not exceeding five hundred dollars. 
Any registered pharmacist who shall permit 
the compounding and dispensing of prescrip- 
tions of medical practitioners in his store or 
place of business, by any person or persons 
not registered, or any person not registered 
who shall keep open shop for the retailing or 
dispensing of medicines and poisons, or who 
shall fraudulently represent himself to be 
registered, or any registered pharmacist or 
dealer in medicines who shall fail to comply 
with the regulations and provisions of this 
title, in relation to the retailing and dispens- 
ing of poisons, shall, for every such offense, 
be deemed guilty of a misdemeanor, and upon 
conviction thereof, be liable to a penalty of 
fifty dollars. 

Penalties to be paid to college of pharmacy. 

Sec. 1,519. Each and every penalty recov- 
ered under this title shall be paid to the trus- 
tees of the College of Pharmacy, and shall 
form and be known as the library fund of 
said College of Pharmacy, and shall be ex- 
pended for the purchase of books for the li- 
brary of said college. 

Boards of pharmacy abolished. 

Sec. 1,520. The board of pharmacy of the 
county of Kings and the board of pharmacy 
of the city of New York as heretofore exist- 
ing, are both hereby abolished. 

TITLE 6. 

A BOARD OF CITY RECORD. 

City record, board of; publication and contents; 

newspapers to be designated in which corpor- 
ate notices to be advertised. 

Sec. 1,526. There shall be published daily 
(Sundays and legal holidays excepted), under 
a contract to be made as hereinafter provided, 
a paper to be known as the City Record. 
And said City Record and the newspapers 
now by law designated as corporation news- 
papers in the present city of Brooklyn, 
shall be the only papers to be included 
within the term corporation newspapers as the 
same is used anywhere in this act. The 
mayor, corporation counsl and controller shall 
constitute the board of City Record. Said 
board by a majority vote shall appoint a 
proper person, together with such assistants 
as may be required, to supervise the prepara- 
tion and publication of the same, and they 
shall also fix the rates of compensation of 
said supervisor and his assistants. All the 
expenses connected with its publication and 
distribution, except the salary of the person 
appointed to supervise the same, and the 
salaries of his assistants, shall be covered by 
a contract for printing, to be made in the 
same manner as other contracts. The board 
of estimate and apportionment shall provide 
for all the necessary expenses of conducting 
the said City Record. There shall be inserted 
in said City Record nothing aside from such 
official matters as are expressly authorized. 
The contract for the publication of the City 
Record shall provide for furnishing, free 
of charge, to the city of New York, not more 
than two thousand copies thereof, also for a 
gratuitous distribution to every newspaper 
regularly printed in the city of New York, 
when it shall apply for the same, of 
two copies and to every public library 
or pubilc institution in said city which 
shall apply for the same, of one copy. 
Copies of the same shall be sold by the su- 
pervisor at a price to be fixed by the officers 
making the contract, and the proceeds thereof 
shall be paid over to the city. All advertising 
required to be done for the city, except as in 


this act, otherwise specially provided, and 
all notices required by law or ordinance to be 
published in corporation papers, shall be in- 
serted, at the public expense, only in the City 
Record, and a publication therein shall be a 
sufficient compliance with any law or ordin- 
ance requiring publication of such matters or 
notices, but there may be inserted In two 
morning and two evening and two weekly 
papers published in the English language and 
in one newspaper published in the German 
language, all in said city, to be designated, 
at any time, by said board of City Record, 
brief advertisements calling attention to any 
contracts intended to be awarded or bonds 
to be sold and referring for full information 
to said City Record; said designation of such 
newspapers to continue in effect until an- 
other or different designation shall be made 
by said board. Where such notices and ad- 
vertisements respect matters occurring with- 
in the borough of Brooklyn, they shall also 
be published in such newspapers as are now 
by law designated as corporation newspapers 
in the city of Brooklyn, the rates of payment 
therefor not to exceed the compensation new 
paid to said newspapers for like advertise- 
ments in the city of Brooklyn or county of 
Kings. In case, however, of the 6ale of bonds 
or stocks of said city or of any real estate be- 
longing to the city, such advertisements may 
be also inserted in such other newspapers 
published in said city as 6aid board may de- 
termine in the case of each sale. But nothing 
herein contained shall prevent the publica- 
tion elsewhere of any advertisement required 
by law ; provided, however, that no such pub- 
lication shall be made unless the same is 
authorized by a concurrent vote of the mem- 
bers of said board. No money shall be paid 
from the city treasury and no action shall be 
maintained or judgment obtained against the 
city of New York, as constituted by this act, 
for any advertising done after April thirtieth, 
eighteen hundred and seventy-three, except 
such as is herein authorized or such as at the 
time this act takes effect is a lawful charge 
against a municipal or public corporation, or 
part thereof, hereby consolidated with the 
mayor, aldermen and commonalty of the city 
of New York. The copies of the City Record 
furnished to the city shall be distributed to 
the several departments and officers, and to 
such persons and in such manner as the board 
of City Record shall direct. The controller 
shall cause a continuous series of the City 
Record to be bound, as completed quarterly, 
and to be deposited with his certificate there- 
on, in the office of the register of deeds of the 
county of New York, in the county clerk’s 
office of said county and in the office of the 
city clerk, and copies of the contents of any 
part of the same, certified by such register, 
county clerk, or city clerk, shall be received 
n judicial proceedings as prima facie evidence 
of the truth of the contents thereof. 

Supervisor of city record to arrange lists or 

registered voters. 

Sec. 1,527. It shall be the duty of the su- 
pervisor of the City Record to cause the 
lists of registered voters, made and delivered 
by the chairman of the boards of inspectors 
of election to the captains of police, and by 
them delivered to him, to be arranged by as- 
sembly districts and by election districts of 
assembly districts, commencing with the first,' 
and in such manner that the names of all 
registered voters residing at any given num- 
ber of any street shall appear together, and 
those of each street in each election district 
shall appear arranged by house numbers, in 
consecutive order, each street separately. 
And as soon as the entire registry of voters 
shall be completed, and the copies thereof 


150 


THE 


CHARTER 


FOR THE GREATER 


NEW YORK. 


made and delivered, the said supervisor shall 
forthwith cause the same to be printed and 
published in the City Record and in the form 
and manner herein prescribed; and such pub- 
lication shall be made within one hundred 
and eight hours after the close of each an- 
nual registration. The registry of each as- 
sembly district shall be printed separately as 
a supplement to the City Record, and each 
supplement containing the registry of one 
assembly district shall be sold separately to 
persons wishing to purchase the same at 
not less than five cents per copy. All money 
received therefor shall be paid into the city 
treasury to the credit of the general fund. 

Printing and stationery to be supplied by con- 
tract. City record to print certain matters. 

Sec. 1,528. All printing for said city, includ- 
ing the printing of the Ci'ty Record, shall 
be executed and all stationery shall be sup- 
plied, under contracts, to be entered into 
by the said board of City Record. All pro- 
posals for printing and stationery shall be 
based upon specifications to be filed in the 
controller’s office, which shall set forth with 
accuracy the number of every description of 
printed blanks; also each description of sta- 
tionery or blank books in ordinary use in 
the municipal assembly and the respective 
departments, and likely to be required dur- 
ing the year for which such contract is to be 
given; and the bids shall be given for such 
number of each printed description of blanks 
or of each article of stationery (including 
under the head of stationery, letter or writ- 
ing paper, or envelopes, with printed head- 
ings or indorsements) as are specified, and for 
such additional number as may be required, 
giving the price for blanks of every descrip- 
tion, and the price of all other printing “per 
thousand ems,” or for “rule and figure 
work”; separate contracts shall be made with 
the lowest bidder for any one description of 
printing, or any article of stationery involv- 
ing an expense of more than five hundred 
dollars. Ten per cent, of the amount be- 
coming due, from time to time, shall be with- 
held by the controller until the completion 
of the contract; and in case the contractor 
shall fail to fulfill the same to the satisfac- 
tion of said board of City Record, then said 
board may declare said contract to be an- 
nulled. and said board shall immediately 
'give notice for other bids for such printing 
during the remainder of the term of con- 
tract. No judgment shall be recovered 
against the city of New York as constituted 
by this act, for printing or stationery done 
or furnished after April thirtieth, eighteen 
hundred and seventy-three, ostensibly for the 
city of New York as heretofore known and 
bounded, unless done or furnished under a 
contract, where, under the provisions of 
chapter three hundred and thirty-five of the 
laws of eighteen hundred and seventy-three, 
or of the laws in force at the time this act 
takes effect or of this act, a contract was or 
is necessary, or under a valid contract, or 
unless upon evidence of a contract made as 
provided in this section. Separate contracts 
may be made at any time for engraving, 
lithographing, wood cuts, maps, or other 
picture work, as the same may be required; 
but nothing herein contained shall be con- 
strued to require a separate contract for each 
engraving, lithograph or wood cut or map, 
unless the board of City Record shall deem 
the same advisable for the interest of the 
city. No more than two thousand copies of 
any message of the mayor, or report of any 
bead of a department, and no more than one 
thousand, copies of any report of a com- 


mittee of either branch of the municipal 
assembly shall be printed apart from the 
City Record. 

There shall be published in the City Record, 
within the month of January in each year, a 
iist of all subordinates employed in any de- 
partment (except laborers), with their salaries 
and residences by street numbers, and all 
changes in such subordinates or salaries 
shall be so published within one week after 
they are made. It shall be the duty of all 
heads of departments to furnish to the person 
appointed to supervise the publication of the 
City Record, everything required to be insert- 
ed therein. The said person shall have the 
power to make requisitions in writing upon 
the heads of departments to furnish the in- 
formation necessary to make up such list ac- 
cording to rules prescribed by him and ap- 
proved by the board of City Record; and such 
information must be supplied by the depart- 
ment within ten days after such requisition. 
He shall have power to require such informa- 
tion in the same manner, every three months 
and all other information in the control of 
said heads of departments, necessary to per- 
form his duties under this section. He shall 
include in his list the number of laborers, 
designating the department in which they are 
employed, and, if practicable, the numbers em- 
ployed in the prosecution of specific work, 
and the amounts paid to them. He shall 
also cause to be printed in each issue of said 
City Record a separate statement of the hours 
during which all public offices in the city are 
open for business, and at which each court 
regularly opens and adjourns, as well as of the 
places where such offices are kept and such 
courts are held. The detailed canvass of votes, 
at every election, shall be published in the 
City Record. A list of the registered plumbers 
once in each year. The mayor may order the 
insertion of any official matter or report in 
the City Record. Nothing herein contained 
shall apply to the printing or supplies of sta- 
tionery for the city of New York as consti- 
tuted by this act, whereby the concurrent 
vote of the mayor, counsel to the corporation, 
and controller it shall be decided to have such 
printing done or such stationery furnished 
without contract let after advertisements for 
bids or proposals, but in such cases such 
printing shall be done and such stationery 
procured in the manner and on such terms 
and conditions as the said officers shall deem 
to be for the best interests of the city. 

TITLE 7. 

GENERAL PROVISIONS. 

Officers. Not to be privately interested in 

contracts. 

Sec. 1,533. No member of the municipal as- 
sembly, head of department, chief of bureau, 
deputy thereof or clerk therein, or other of- 
ficer of the corporation, shall be or become, 
directly or indirectly, interested in or in the 
performance of any contract, work or busi- 
ness, or the sale of any article, the expense, 
price of consideration of which is payable 
from the city treasury, or by any assessment 
levied by any aet or ordinance of the munici- 
pal assembly; nor in the purchase or lease of 
any real estate or o>ther property belonging 
to or taken by the corporation, or which shall 
be sold for taxes or assessments, or by vir- 
tue of legal process at the suit of the said 
corporation. If any person in this section 
mentioned shall, during the time for which 
he was elected or appointed, knowingly ad- 
quire an interest in any contract or work 
with the city, or any department or officer 
thereof, unless the same shall be devolved 
upon him by law, he shall, on conviction 


thereof, forfeit his office and be punished for 
a misdemeanor. All such contracts in which 
any such person is or becomes interested 
shall, at the option of the controller, be for- 
feited and void. No person in this section 
named shall give, or promise to give, any 
portion of his compensation, or any money or 
valuable thing, to any officer of the city, or 
to any other person, in consideration of his 
having been or being nominated, appointed, 
elected or employed as such officer, agent, 
clerk or employe, under the penalty of for- 
feiting his office and being forever disqualified 
from being elected, appointed or employed 
in the service of the city, and shall, on con- 
viction, be punished for a misdemeanor. 

Id. May be summarily examined. 

Sec. 1,534. Any member of the municipal - 
assembly, commissioner, head of department, 
chief of bureau, deputy thereof or clerk there- 
in, or cither officer of the corporation or per- 
son, may, if a judge shall so order, be sum- 
marily examined upon an order to be made 
on application based on an affidavit of the 
mayor or of the controller, or any five mem- 
bers of the municipal assembly, or any com- 
missioner of accounts, or of any five citizens 
who are taxpayers, requiring such examina- 
tion, and signed by any justice of the supreme 
court in the first or second judicial depart- 
ments directing such examination, to be pub- 
licly made at the chambers of said court in 
either of said judicial departments, or at. the 
office of said department, on a day and hour 
fo be named, not less, however, than forty- 
eight hours after personal service of said 
order. Such examination shall be confined 
to an inquiry into any alleged wrongful di- 
version or misapplication of any moneys or 
fund, or any violation of the provisions of 
law, or any want of mechanical qualifications 
of any inspectorship of public work, or any 
neglect of duty in acting as such inspector, 
or any delinquency charged in said affidavit 
touching the office or the discharge or neglect 
of duty, of which it is alleged in the applica- 
tion for said order that such member of the 
municipal assembly, head of department, or 
other aforementioned officer or persons, has 
knowledge or information. Such member of 
the municipal assembly, commissioner, head 
of department, clerk or other aforesaid offi- 
cer or person shall answer such pertinent 
questions relative thereto, and produce such 
books and papers in his custody or under his 
control, as the justice shall direct, and the 
examination may be continued from time to 
time, as such justice may order, but the an- 
swer of the party charged shall not be used 
against him in any criminal proceeding; pro- 
vided, however, that for all false answers on 
material points he shall be subject to the 
pains and penalties of the crime of perjury. 
The proceedings may be continued before any 
other justice in said judicial department, and 
other witnesses, as well as the parties mak- 
ing such application, may, in the discretion 
of said justice, be compelled to attend and 
be examined touching such alleged delinquen- 
cies. Such justice may punish any refusal 
to attend such examination or to answer any 
questions pursuant to his order, as for h. con- 
tempt of court, and shall have as full power 
and authority to enforce obedience to the order 
or directions of himself or any other justice, 
as any justice of the supreme court may now 
have, or shall possess, to enforce obedience or 
to punish contempt in any* case or matter 
whatever, and shall impose costs upon those 
promoting such an examination, not exceeding 
$250, if he thinks there was no probable cause 
for making the application hereinbefore pro- 
vided for, the said costs to be paid to the offi- 
cer or person examined, and for which the 


THE CHARTER FOR THE GREATER NEW YORK, 


151 


said officer or person may have judgment and 
an execution. The examination hereinbefore 
provided for shall be reduced to writing, and 
be filed in the office of the county cleric of 
such county within 'the first or second judicial 
departments as the judge making the order 
for the examination shall direct at the time of 
making such order, and the examination so 
reduced to writing and filed shall be at all 
reasonable times accessible to the public, and 
notice of the same shall be given to the de- 
partment in which said officer Is employed. 

Barber shops may be open on Sunday. 

Sec. 1,535. The provisions of an act to regu- 
late barbering on Sunday, being chapter 823 
of the laws of 1895, permitting barber shops 
or other place where a barber is engaged in 
shaving, hair cutting or other work of a bar- 
ber to be kept open, and the work of a barber 
to be performed therein until 1 o’clock of the 
afternoon of the first day of the week in the 
city of New York, as heretofore known and 
bounded shall be applicable to and be in full 
force and effect in all of the territory of the 
city of New York, as constituted by this act. 

Retention of office by clerks in public employ in 

territory consolidated. 

Sec. 1,536. All the clerical and other subor- 
dinate forces, not subject to removal without 
cause, in the public employ in any part of the 
city of New York, as constituted by this act, 
at the time when this act takes effect, shall 
continue to hold their respective positions 
without prejudice or advantage, except that 
nothing in this section contained shall oper- 
ate to keep in the service of the city of New 
York, as constituted by this act, any clerk or 
other subordinate whose position is vacated 
by reason of the passage of this act, and ex- 
cept that the clerks and subordinates of de- 
partments that are abolished or reconstructed 
by this act, under the same or under other 
names shall continue in the service of the said 
city under the jurisdiction of the appropriate 
department subject, nevertheless, to removal 
in accordance with the provisions of this act 
for cause, or to abolish unnecessary positions. 
The mayor of the city of New York, the mayor 
of the city of Brooklyn, the mayor of Long 
Island, the chairman of the beard of super- 
visors of the county of Richmond and the 
county judge of Queens county, shall meet in 
the mayor’s office in the city of New York on 
the first day of December, 1897, and as often 
thereafter during the month of December as 
may be necessary, and prepare and adopt a de- 
tailed plan for the transfer to, and the parti- 
tion between the several public departments, 
bureaus and offices created or provided for by 
this act, of all the public property appertain- 
ing tt> the administration of said departments, 
bureaus and offices in the several municipal 
and public corporations hereby consolidated, 
and the books, records, vouchers and other 
papers of said municipal and public corpora- 
tions, and to this end the said mayors and 
chairman and county judge, or any one duly 
authorized by them, shall have full and free 
access to all the public papers, documents and 
records in each of said municipal and 
public corporations. The said pian 
shall also provide for the apportion- 
ment between the several public de- 
partments, bureaus and offices, and the assign- 
ment to service in said public departments, 
bureaus and offices, respectively, so far as 
practicable, of all the subordinates and em- 
ployes in every branch of the public service in 
each of the several municipal and public cor- 
porations hereby consolidated, in such manner 
that each person shall be assigned, as nearly 


as may be, without prejudice or advantage to 
perform the same service and in the same part 
of the city, and to hold the same relative rank 
or position in the city constituted by this act 
as he performed and held at the time said plan 
o,f apportionment and assignment is deter- 
mined upon. Said plan shall be such as to re- 
ceive the approval of the mayor of New York 
as to persons in the service of the city of New 
York, of the mayor of Brooklyn as to persons 
in the service of the city of Brooklyn, of the 
mayor of Long Island City as to persons in 
the service of Lcng Island City, of 
the chairman of the board of supervisors of 
Richmond county as to persons in the service 
of the municipal and public corporations of 
Richmond county, and of the county judge of 
Queens county as to persons in the service 
of the towns of Newtown, Flushing, Jamaica 
and that part of the town of Hempstead by 
this act included within the city of New York. 
The said plan when determined upon shall be 
signed by said mayors and said chairman and 
said county judge, or a majority of them, 
and shall be published in the City Record 
for such length of time as they may direct. 
Said plan and the apportionment and assign- 
ment herein provided for shall take effect 
on the first day of January, 1898, and on and 
after said date the persons named therein 
shall be deemed to hold and shall hold the 
respective positions to which they may be 
assigned in said plan, until removed, as 
herein provided, and their assignment to serv- 
ice shall not be deemed or construed to be 
a new appointment or reappointment, but 
shall be deemed to be, and shall be, a con- 
tinuation of the appointment and employment 
theretofore held by them. The head of every 
department, and every other offioer by this 
act given power to appoint, remove and fix 
and regulate the salaries of his subordinates, 
appointees and employes, shall have power 
upon assuming office, or at any time there- 
after, to jemove any person assigned to serv- 
ice under him by said plan, and to fix and 
regulate, within the limits of his appropriation 
and subject to the restrictions, if any, here- 
inbefore prescribed, the salaries and compen- 
sation of his said subordinates, appointees an,d 
employes. At any time within one year after 
the first day of January, 1898, any subordinate 
or employe in any public department, bureau 
or office of the city hereby constituted may be 
transferred to any other public department, 
bureau or office of said city, provided such 
transfer be consented to by the mayor and 
by the head of the department, bureau or 
office from which such subordinate or employe 
is so transferred, and the head of the depart- 
ment, bureau or office to which such subordi- 
nate or employe is so transferred. Nothing 
in this section contained shall apply to the 
fire department or the police department, nor 
to the New York and Brooklyn bridge, nor to 
the public schools and the department of edu- 
cation. 

The incumbents of pee it ions abolished ot 
made unnecessary by this act shall be preferr- 
ed for appointment to positions demanding 
their service. For this purpose the civil serv- 
ice commissioners are directed, as far as 
practicable, to place the names of such per- 
sons on the proper eligible lists, and to give 
them on said lists the same preference as 
veterans. 

The civil service regulations in force at the 
time this aot takes effect in the various parts 
of the city of New York, as constituted by 
this act, and all eligible lists created there- 
under in said parts of the city respectively, 
shall continue in full force and effect until naw| 
regulations shall have been adopted in ac- 
cordance with the provisions of this act and 


new eligible lists made in accordance with 
such regulations. 

Books, papers, etc., where filed. 

See. 1,537. All public books, papers and 
documents of the mayor, aldermen and com- 
monalty of the city of New York, and of the 
city of Brooklyn, and of Long Island City 
and of any beard, body or officer of, or in 
the territory of the county of Richmond, so 
far as such public books, papers and docu- 
ments relate to tbe governmental functions 
by this act, devolved upon the municipal cor- 
poration created by this act, and 
of any board, body or officer of 
or in that part of the county of Queens 
consolidated by this aot into a municipal 
corporation, so far as such public books, pa- 
pers and documents relate to the govern- 
mental functions by this act devolved upon 
tbe municipal corporation created by this act, 
and also the public books, papers and docu- 
ments of any officer, hoard or body cf any 
district, town or village or of any office 
within the said territory that relate to the 
governmental functions by this act devolv- 
ed upon the ci'ty of New York created by this 
aot, shall be transferred to and filed with the 
appropriate departments or officers of the 
city of New York, provided however that this 
section shall not be deemed to apply to any 
public books, papers or documents of any reg- 
ister, sheriff, district attorney, coroner or 
county clerk in said territory or in any part 
thereof. And It shall be the duty cf all per- 
sons having charge of such books, papers and 
documents to deliver the same to and fll® 
the some, with the appropriate officer or de- 
partment as in this section provided. 

Territorial operation of contracts, grants and 

franchises not extended. 

Sec. 1,538. This act shall not extend the 
territorial operation of any rights, contracts 
or franchises heretofore granted or made 
by the corporation known as the mayor, aider- 
men and commonalty of the city of New York, 
or by any of the municipal and public cor- 
porations which by this act are united and 
consolidated therewith, including the counties 
of Kings and Richmond, and the same shall 
be restricted to the limits respectively to 
which they would have been confined if this 
act had not been passed; nor shall this act in 
any way validate or invalidate or in any 
manner affect such grants, but they shall 
have the same legal validity, force, effect and 
operation, and no other or greater than if this 
act had not been passed. 

Price of gas in Richmond and Queens counties. 

Sec. 1,539. The price of illuminating gas 
in the county of Richmond and in that part 
of the county of Queens included within the 
city of New York, as hereby constituted, 
shall not be affected by this aot. 

Platting of lands and dedication of streets and 

public places. 

Sec. 1,540. No map of the subdivision of 
lands or the platting thereof into streets or 
avenues and blocks within the limits of the 
city of New York shall hereafter be registered 
or become effectual and binding as a dedi- 
cation of the streets, avenues or public places 
on such map or plat until such map or plat 
has been submitted by the owner to and ap- 
proved by the board of public improvements, 
which in acting thereon shall examine and 
determine whether the streets and avenues 
are of adequate and suitable width and laid 
out with due reference to connecting streets 
and avenues. Upon such approval the title 
of the owner or owners of the land to all 
streets, avenues and public places designated 


159 


THE CHARTER FOR THE GREATER NEW YORK. 


on the map or plat, shall immediately vest in 
fee clear o£ all incumbrances in ibs city of 
New York In trust for the designated public 
uses. Such map or a copy thereof shall re- 
main of record in the office of the board of 
public improvements, and a copy thereof, with 
the approval of the said board indorsed there- 
on, shall be filed and recorded in the office of 
the register of deeds or county clerk of the 
county in which the land is situated and in- 
dexed therein as deeds are now required by 
law to be indexed. The municipal assembly, 
upon the recommendation of the board of pub- 
lic improvements may from time to time pass 
appropriate ordinances not inconsistent with 
law and this act to carry the provisions of this 
section into effect and regulate proceedings 
thereunder. 

Majority of boards of departments. Quorum. 

Powers. 

Sec. 1,541. A majority of the members of a 
board in any department of the city govern- 
ment, and also of the board for the 
revision of assessments, shall constitute 
a quorum to fully perform and discharge 
any act or duty authorized, possessed by or 
imposed upon any department or any board 
aforesaid, and with the same legal effect as 
if every member of any such board aforesaid 
had been present, except as herein other- 
wise specially provided. Each board may, 
except as herein otherwise provided, choose, 
in its own pleasure, one of its members who 
shall be its president, and one who shall be 
its treasurer, and may appoint a chief clerk 
or secreatry. No expense shall be incurred 
by any of the departments, boards or officers 
thereof, unless an appropriation shall have 
been previously made covering such expense, 
nor any expense in excess of the sum appro- 
priated in accordance with law. 

Expenses not to exceed appropriation. ““ 

Sec. 1,542. It shall be the duty of the heads 
of all departments of said city, and of all 
boards and officers charged with the duty of 
expending or incurring obligations payable 
out of the moneys raised by tax in said city, 
so to regulate sudh expenditures for any pur- 
pose or object, that the same shall not in 
any one year exceed the amount appropri- 
ated by the board of estimate and apportion- 
ment for such purpose or object; and no 
charge, claim or liability shall exist or arise 
against said city for any sum in excess of 
the amount appropriated for the several pur- 
poses. 

Heads of departments; control over subor- 
dinates. Removal. 

Sec. 1,543. The heads of all departments 
(except as otherwise specially provided) shall 
have power to appoint and remove all chiefs 
of bureaus (except the chamberlain) as also 
all clerks, officers, employes and subordinates 
In their respective departments, except as 
herein otherwise specially provided, without 
reference to the tenure of office of any exist- 
ing appointee. But no regular clerk or head 
of a bureau shall be removed until he has 
been allowed an opportunity of making an 
explanation; and in every case of a removal, 
the true grounds thereof shall be forthwith 
entered upon the records of the department 
or board. In case of removal, a statement 
showing the reason therefor shall be filed in 
the department. The number and duties of 
all officers and clerks, employes and subor- 
dinates in every department, except as other- 
wise herein specially provided, with their re- 
spective salaries, whether now fixed by spec- 
ial law or otherwise, shall be such as the 
heads of the respective departments shall des- 
ignate and approve; but subject, also, to the 


revision of the board of estimate and appor- 
tionment; provided, however, that the aggre- 
gate expense thereof shall not exceed the to- 
tal amount duly appropriated to the respec- 
tive departments for such purposes. Any head 
of department may, with the consent of the 
board of estimate and apportionment, consoli- 
date any two or more bureaus established by 
law, and may change the duties of any bureau; 
and it shall be the duty of the head of the 
finance department to bring together all offi- 
cers and bureaus authorized to receive money 
for taxes, assessments or arrears, in such 
manner that the payment of the same can be 
made, as nearly as practicable, at one time 
and place and in one office. 

Id. To render reports. Publication. 

Sec.- 1,544. The said departments and all 
commissioners appointed by the mayor, pur- 
suant to the provisions of this act, and not 
constituting heads of departments, shall once 
in three months, and at such other limes as 
the mayor may direct, make to him, in such 
form and under such rules as he may pre- 
scribe, reports of the operations and action 
of the same and each of them, which reports 
shall be published in the City Record. The 
said departments and commissioners shall al- 
ways, when required by the mayor, furnish to 
to him such information as he may demand, 
within such reasonable time as he may direct. 

Id. To furnish copies of papers on demand. 

Sec. 1,545. The heads of all departments, 
except the police and law departments 
and the chiefs of each and every bu- 
reau of said departments, or any of 
them, except the police and law departments, 
shall, with reasonable promptness, furnish to 
any taxpayer desiring the same, a true and 
certified copy of any book, account, or paper 
kept by such department, bureau or officer or 
such part thereof as may be demanded, upon 
payment in advance of five cents for every 
hundred words thereof by the person demand- 
ing the same. All books, accounts and papers 
in any department or bureau thereof, except 
the police and law departments, shall at all 
times be open to the inspection of any tax- 
payer, subject to any reasonable rules and 
regulations in regard to the time and manner 
of such inspection as such department, bureau 
or officer may make in regard to the same, 
in order to secure the safety of such books, 
accounts and papers, and the proper use of 
them by the department, bureau or officer; 
in case such inspection shall be refused, such 
taxpayer, on his sworn petition, describing 
the particular book, account or paper that he 
desires to inspect, may, upon notice of not 
less than one day to such department, bureau, 
or officer, -apply to any justice of the supreme 
court for an order that he be allowed to make 
such inspection as such justice shall by his 
order authorize, and such order shall specify 
the time and manner of such inspection. 

Records to be kept and abstracts published. 

Sec. 1,546. In every department or board 
there shall be kept a record at all its transac- 
tions, which shall be accessible to the public 
and once a week a brief abstract, omitting 
formal language, shall be made of all transac- 
tions, and of all contracts awarded and en- 
tered into for work and material of every 
description, which abstract shall contain the 
name or names, and residences by street and 
number of the party or parties to the contract 
and of their sureties, if any. A copy of such 
abstract shall be promptly transmitted to the 
person designated to prepare the City Record 
and shall be published therein. Notice of all 
appointments and removals from office, and 
all changes of salaries, shall in like manner 
within one week after they are made, be 


transmitted to and published in the City 
Record. 

Certificate of appointments. 

Sec. 1,547. Every person who shall be ap- 
pointed or elected to any office under the said 
city shall receive a certificate of appointment, 
designating the term for which such person 
has been appointed or elected. 

Official oath. 

Sec. 1,548. Every person elected or ap- 
pointed to any office under the city govern- 
ment shall, within five days after notice of 
sudh election or appointment take and sub- 
scribe, before the mayor or any judge of a 
court of record, an oath or affirmation faith- 
fully to perform the duties of his office, 
which oath or affirmation shall be filed in the 
office of the city clerk. 

Officer not to hold any other civil office. 

Sec. 1,549. Any person holding office, 
whether by election or appointment, who 
shall, during his term of office, accept, hold 
or retain any other civil office of honor, trust 
or emolument under the government o* the 
United States (except commissioners for the 
taking of bail or register of any court), or 
of the state (except the office of notary public 
or commissioner of deeds or officer of the 
national guard), or who shall hold or accept 
any other office connected with the govern- 
ment of the city of New York, or who shall 
accept a seat in the legislature, shall be 
deemed thereby to have vacated every office 
held by him under the city government. No 
person shall hold two city or county offices, 
except as expressly provided in this act, nor 
shall any officer under the city government 
hold or retain an office under the county gov- 
ernment, except the office of suprvisor or 
when he holds such office ex-officio, by vir- 
tue of an act of the legislature, and in such 
case shall draw no salary for such ex-officio 
office. 

Officers; when may receive and retain fees. 

Sec. 1,550. No officer of the city government, 
except the city marshals, shall have or re- 
ceive to his own use any fees, perquisites or 
commissions or any percentage; but every 
such officer shall be paid by a fixed salary, 
and all lees, percentages, and commissions 
received by any such officer shall be the 
property of the city. And every officer who 
shall receive any fees, perquisites, commis- 
sions, percentages, or other money which 
should be paid over to the city, shall, be- 
fore he shall be entitled to receive any sal- 
ary, make under oath a detailed return to 
the controller showing the amount of all such 
fees, commissions, percentages, perquisites 
and moneys received by him since the last 
preceding report, the person from whom re- 
ceived and the reason for its payment, and 
shall produce the receipt of the chamberiain, 
showing the payment to him, by said officer, 
of the aggregate amount thereof. All sums 
received as above, or for licenses or permits, 
except as in this act otherwise expressly pro- 
vided, shall be paid over weekly, without de- 
duction by the officers or department receiv- 
ing them, to the chamberlain, and a detailed 
return under oath shall at any time be made 
in such form as the controller shall prescribe, 
stating when and from whom, and for what 
use such moneys were received. No city 
officer who is paid a salary for his services 
from the city treasury shall receive to or for 
his own use any fees, costs, allowances, per- 
quisites of office, commissions, percentage, or 
moneys paid to him in his official capacity; 
but all fees, costs, allowances, perquisites, 
commissions, percentages and moneys so paid 
or received by any such officer or person, shall 


THE CHARTER FOR THE GREATER NEW YORK. 


153 


be the property of the city and shall 
be paid by him into the city treasury; and 
every such officer or person who shall receive 
any fees, perquisites, commissions, percent- 
ages, or other moneys which belong to the 
city, and should be so paid into the treasury, 
shall, before he shall be entitled to receive or 
to be paid his salary, make under oath a de- 
tailed statement and return to the controller 
in such form as he may prescribe, showing 
the amount of all such moneys received by 
him since the last preceding statement and 
returns, and shall produce a receipt showing 
the payment of such sum into the treasury. 
The controller may require any such person 
or officer to make such statement and return 
to him, if it be not made as herein provided, 
and may examine any such officer of person 
under oath touching the amount of any fees, 
costs, allowances, perquisites, commissions, 
percentages or moneys paid to or received by 
him in his official capacity. But nothing here- 
in contained shall be construed as prohibiting 
the receipt of fees by any public officer on ac- 
count of the collection of the inheritance tax 
as now provided by law, or as repealing the 
provisions of chapter 299 of the laws of 1892. 

Id. Defrauding. 

Sec. 1,551. Any officer of the city govern- 
ment, or person employed in its service, who 
shall willfully violate or evade any of the 
provisions of law, or commit any fraud upon 
the city, or convert any of the public property 
to his own use, or knowingly permit any 
other person so to convert it, or by gross or 
culpable neglect of duty allow the same to 
be lost to the city, shall be deemed guilty 
of a misdemeanor, and, in addition to the 
penalties imposed by law, and on conviction, 
shall forfeit his office, and be excluded for- 
ever after from receiving or holding any of- 
fice under the city government; and any per- 
son who shall willfully swear falsely in any 
oath or affirmation required by this chapter 
shall be guilty of perjury. 

Money not to be paid to sectarian schools. Pub- 
lic property; how disposed of. 

Sec. 1,552. No money belonging to the city, 
or city and county of New York, raised by 
taxation upon the property of the citizens 
thereof, shall be appropriated in aid of any 
religious or denominational school, neither 
shall any property, real or personal, belong- 
ing to said city, or said city and county, be 
disposed of to any such school, except upon 
the sale thereof at public auction, after the 
same has been duly advertised, at which 
sale such school shall be the highest bidder, 
and upon payment of the sum so bid into 
the city treasury; neither shall any property 
belonging to the city, or city an£ county, be 
leased to any school under the control of any 
religious or denominational institution, ex- 
cept upon such terms as city property may be 
leased to private parties after the same has 
been duly advertised. 

Property to be sold at auction. 

Sec. 1,553. All property sold other than land 
under water shall be sold at auction, after 
previous public notice, under the superintend- 
ence of the appropriate head of department. 
The proceeds of all sales made under and 
by virtue of this act shall, except as therein 
otherwise specially provided, be by the officer 
receiving the same immediately deposited 
with the chamberlain, and the account of 
sales, verified by the officer making the sales, 
shall be immediately filed in the office of the 
controller. 

Patented articles; how supplied. 

Sec 1,554. Except for repairs no patented 
pavement shall be laid and no patented ar- 


ticle shall be advertised for, contracted for 
or purchased, except under such circum- 
stances that there can be a fair and reason- 
able opportunity for competition, the condi- 
tions to secure which shall be prescribed by 
the board of estimate and apportionment. 

Special provision as to papers formerly filed in 
offices of town clerks. 

Sec. 1,555. Except as otherwise provided by 
this act, all papers now required by law to 
be filed and recorded in the town clerk’s of- 
fice in any of the towns by this act united 
and consolidated into the city of New York, 
shall after this act takes effect, be filed and 
recorded in the office of the clerk of the coun- 
ty in which such town is situated, and all 
such papers filed and recorded in any town 
clerk’s office of such towns, and the records 
thereof shall, immediately after this act takes 
effect, be deposited in such county clerk’s of- 
fice by the town clerks of such towns, and 
shall remain of record therein. 

Code of ordinances; when to be prima facie ev- 
idence. 

Sec. 1,556. A code or other volume contain- 
ing the ordinances and bylaws of the city 
published by authority of the municipal as- 
sembly shall be prima facie evidence in all 
courts of justice of the authenticity of such 
ordinances and bylaws. 

Responsible guarantee company may act as 
surety. 

Sec. 1,557. Wherever this act provides for 
the giving of an official bond with surety or 
sureties, such surety or sureties may consist 
of a responsible guaranty company, provided 
the same shall be satisfactory to, and be ap- 
proved by the officer or officers, or body 
whose duty it is to approve such bond or 
sureties. 

Tenure of office. 

Sec. 1,558. All officers elected or appointed 
under this act shall, unless otherwise ex- 
pressly provided and unless sooner removed, 
hold their respective offices until their suc- 
cessors are respectively elected or appointed 
and have qualified. 

Publication to be made in City Record, unless 
otherwise provided. 

Sec. 1,559. All publications required by this 
act shall, unless otherwise provided, be pub- 
lished in the City Record, and one publication 
therein shall be sufficient, unless it is herein 
otherwise prescribed. 

TITLE 8. 

CORONERS. 

Coroners to be elected in the boroughs . 

Section 1,570. Four coroners shall hereafter 
bo elected in the borough of Manhattan, two 
in the borough of the Bronx, two in the bor- 
ough of Brooklyn, three in the borough of 
Queens and two in the borough of Richmond. 
They shall be elected in the same manner 
and at the same general elections as are the 
sheriffs in the several counties in which such 
boroughs are situated, shall hold their respec- 
tive offices for the same term and be remov- 
able in the same manner. The coroners in 
the borough of Manhattan shall hereafter 
keep open on every day in the year, including 
Sundays and legal holidays, the coroners of- 
fice in such borough, with a clerk in constant 
attendance at all times of the day and night. 

Id. Officers and subordinates provided for; 
salaries and compensation. 

Sec. 1,571. The coroners in each borough 
shall have an office in said borough and shall 


appoint a clerk who shall receive an annual 
salary to be fixed by the board of estimate 
and apportionment and the municipal as- 
sembly, and such and so many assistant 
clerks as shall be provided for in the annual 
estimate. They shall also appoint a sten- 
ographer in each borough, whose duty it 
shall be to take accurate and full steno- 
graphic minutes and transcribe the same, of 
all proceedings and testimony taken before 
a jury in any coroner’s court, held by any one 
of said coroners. Each of said coroners shall 
possess all the powers and perform all the 
duties by law vested in or imposed upon coro- 
ners in this state. The salaries or other com- 
pensation of said coroners shall be fixed by 
the board of estimate and apportionment and 
the municipal assembly. 

CHAPTER XXIM. 

PROVISIONS RELATING TO THE 
CCfUNlIES AND REPEAL 
PROVISIONS. 

Title 1. Provisions relating to the counties. 

2. Repeal provisions. 

TITLE I. 

PROVISIONS RELATING TO THE 
COUNTIES. 

Wards in the borough of Brooklyn. How desig- 
nated. 

Sec. 1,577. The wards of the former city of 
Brooklyn are hereby continued, with their 
present boundaries and numbers, and shall 
be known and designated as wards of the 
borough of Brooklyn. 

Wards in boroughs of Manhattan and the 
Bronx. How designated. 

Sec. 1,57S. The wards of the corporation 
heretofore known as the mayor, aldermen 
and commonalty of the city of New York 
are hereby continued, with their present 
boundaries and numbers, and shall be known 
and designated as wards of the borough of 
Manhattan and of the Bronx, respectively. 

Towns and villages in Richmond county 
abolished. 

Sec. 1,579. The five towns and all the in- 
corporated villages within the county of 
Richmond are hereby abolished. 

Wards in the borough of Richmond, 

Sec. 1,580. The territory included within 
the towns of Castletown, Middletown, North- 
field, Southfield and Westfield, in the county 
of Richmond, shall, in the order named, be 
know and designated as wards One, Two, 
Three, Four and Five, respectively, of the 
borough of Richmond. 

Towns in Queens county abolished. Wards in 
borough of Queens. 

Sec. 1,581. The towns of Newtown, Flushing 
and Jamaica, and all the incorporated villages 
in 'that part of the county of Queens included 
within the city of New York, as constituted 
by this act, are hereby abolished. The territory 
heretofore known as Long Island City shall be 
known as Ward One of the borough of Queens; 
the town of Newtown as Ward Two of said 
borough; the town of Flushing as Ward Three; 
the town of Jamaica as Ward Four; and that 
part of the town of Hempstead included wdthin 
the city of New York, as constituted by this 
act shall be known as Ward Five of the said 
borough of Queens. But the supervisors of 
said towns who are in office when this act 
takes effect shall serve out their respective 


154 


THE CHARTER FOR THE GREATER NEW YORK. . 


terms of office as supervisors of the wards in 
which they respectively reside, and shall con- 
tinue to be members of the board of supervis- 
ors of the county of Queens. 

Municipal assembly. Power to change bound- 
aries. 

Sec. 1,582. The municipal assembly may 
from time to time by ordinance change the 
boundaries of wards and create other wards 
as the public good and convenience may re- 
quire. 

Salaries of county officers in New York, Rich- 
mond and Kings counties. How met. 

Sec. 1,583. The salaries of all county of- 
ficers in the counties of New York, Kings and 
Richmond shall, unless otherwise provided 
by law, be fixed by the board of estimate and 
apportionment, subject to approval by the 
municipal assembly and all county charges 
and expenses and salaries of county bfflcers 
in said counties and each of them shall be 
audited by the board of estimate and appor- 
tionment, and shall be paid by the city of New 
York, in the same manner as the salaries of 
city officers and city charges are paid; but 
nothing in this section contained shall be con- 
strued as in any way changing or modifying 
the provision contained in section 902 of this 
act, to the effect that the sums necessary to 
defray the salaries of county officers and to 
pay county charges and expenses in said coun- 
ties shall be levied and assessed upon the prop- 
erty of said three counties, respectively, so 
that each shall ultimately bear and pay all its 
own county charges. 

Election of county officers required by the con- 
stitution not affected. 

Sec. 1,584. Nothing in this act contained 
shall be deemed to interfere with or hereafter 
prevent the election, under and pursuant to 
laws relating thereto, of all county officers re- 
quired by the constitution of the state, to be 
elected in either of the counties, in whole or 
in part, included within the city of New York, 
as constituted by this act. 

Public administrator of the county of New 

York. 

Sec. 1,585. Upon the passage of this act the 
Official designation of the public administrator 
in the city of New York, as heretofore known 
and bounded, shall be the public administra- 
tor of the county of New York, and such officer 
shall continue a county officerwiththepowers, 
duties and obligations now prescribed by law, 
and the present provisions of law and the pres- 
ent ordinances relating to said public admin- 
istrator shall not be affected by anything here- 
in contained. 

Devolution of powers vested in board of super- 
visors. 4 

Sec. 1,586. All powers of local legislation 
and administration in the counties of New 
York, Kings and Richmond, which are not, 
at the time of the taking effect of this act, 
vested in boards of supervisors of said 
counties by an act entitled: “An act 
to provide for boards of supervisors in 
counties wholly within the limits of a city, 
but not comprising the whole of such 
city, and defining the powers and du- 
ties thereof,” or which are not vested in other 
county officers required by the constitution 
of the state to be maintained in said three 
counties respectively, are hereby vested in the 
municipal assembly of the city of New York, 
as constituted by this act, except where other- 


wise vested by this act in administrative de- 
partments or officers of said city. 

The office of county treasurer of the county of 
Richmond abolished. 

Sec. 1,587. The office of county treas- 
urer of the county of Richmond is hereby 
abolished and all the powers, duties and ob- 
ligations of said county treasurer are hereby 
devolved upon the controller of the city of 
New York, as constituted by this act. 

Proportion of the debt of the county of Queens 
assumed by the city of New York; power of 
board of supervisors of said county to bind 
that part thereof included in the city of New 
York, restricted. 

Sec. 1,588. The proportion of the debt of 
the county- of Queens which shall be as- 
sumed by the city of New York, as consti- 
tuted by this act, shall be determined in the 
manner following: 

The mayor and the municipal assembly as 
representing the city of New York and the 
board of supervisors of the county of Queens, 
are hereby authorized and empowered to 
agree, if they can, as to the amount of the 
debt of the county of Queens, which should 
equitably and properly be assumed by the 
city of New York. If the mayor and the mu- 
nicipal assembly of the city of New York and 
the board of supervisors of said county of 
Queens be unable to agree within six months 
after this act takes -effect as to the pro- 
portion of said debt of the county of Queens 
to be assumed by the city of New York, the 
supreme court of the Third judicial district 
shall have power to determine the proportion 
of said debt of the county of Queens, to be 
assumed by said city, and to enforce such 
award, decision and determination, as shall 
be made in the premises in a suit in equity 
to be brought by, and in the name of either 
of said parties not less than six months nor 
more than one year after the taking effect of 
this act. Nothing herein contained shall impair 
the obligation of any contract, and the proper- 
ty and inhabitants of such parts of the county 
of Queens, as are by this act consolidated, 
with the corporation heretofore known as 
the mayor, aldermen and commonalty of the 
city of New York, shall continue liable to the 
existing creditors of the said county of 
Queens, in like manner as if this act had 
not been passed. But from and after the 
taking effect of this act, the board of super- 
visors of said county of Queens shall have no 
power to issue any bond, obligation or other 
evidence of indebtedness which shall bind or 
render liable the property or the inhabitants 
of any part of said county included within 
the city of New York as hereby constituted. 

Proportion of the debt of the town of Hemp- 
stead to be assumed by the city: power of 
town board of said town to bind that part 
thereof included in the City of New York, 
restricted. 

Sec. 1,589. The proportion of the debt of the 
town of Hempstead which shall be assumed 
by the city of New York, as constituted by 
this act, shall be determined in the follow- 
ing manner: 

The mayor and the municipal assembly, as 
representing the city of New York and the 
town board of the town of Hempstead are 
hereby authorized and empowered to agree 
if they can, as to the amount of the debt of 
the town of Hempstead, which should equita- 
bly and properly be assumed by the city of 
New York. If the mayor and the municipal 
assembly of the said city and the town board 

of said town be unable to agree within six 
* 


months after this act takes effect as to 
the proportion of said debt of the town of 
Hempstead to be assumed by the city o£ New 
York, the supreme court of the Third judicial 
district ffiiall have power to determine the 
proportion of said debt of the town of Hemp- 
stead to be assumed by said city, and to en- 
force such award, decision and determina- 
tion as shall be made in the premises in a suit 
in equity to be brought by and in the name 
of either of said parties not less than six 
months nor more than one year after this act 
takes effect. 

Nothing herein contained shall impair the 
obligation of any contract; and the property 
and inhabitants of such part of the town of 
Hempstead as is by this act consolidated with 
the corporation heretofore known as the 
mayor, aldermen and commonalty of the city 
of New York, tfhall continue liable to the 
existing creditors of the said town of Hemp- 
stead, in like manner as if this act had not 
been passed. But from and after the taking 
effect of this act, the town board of said town 
of Hempstead shall have no power to issue 
any bond, obligation or other evidence of in- 
debtedness which shall bind or render liable 
the property or inhabitants of any part of 
said town included within the city of New 
York, as hereby constituted. 

Disposition of real and personal property 

owned by or held in trust for the town of 

Hempstead. 

Sec. 1,590. All the real property owned by 
the town of Hempstead and situated in that 
part of said town included within Che city 
of New York, as constituted by this act, is 
hereby vested in the said city of New York 
and divested out of the town of Hempstead; 
and all of the real property owned by the 
town of Hempstead and situated elsewhere in 
said town is hereby vested in the town of 
Hempstead and divested out of the said city 
of New York. 

All of the property owned by the town of 
Hempstead other than real property, includ- 
ing money, investments, securities on invest- 
ments and money held in trust for the bene- 
fit of said town, directly or indirectly, shall 
be divided between the said town and the 
city of New York, as constituted by this act, 
and the proportion of the same to w-hich each 
shall, in equity and good conscience be en- 
titled to receive upon such division, shall be 
ascertained and determined by agreement by 
and between the town board of the town of 
Hempstead, upon the one side, and the mayor 
and the municipal assembly of the said city 
of New York, upon the other side, and in 
case of their inability to agree upon such 
division within six months after tllis act 
shall take effect, the supreme court in the 
Third judicial district is hereby empowered 
to divide the same between them and to as- 
certain and award to each its equitable pro- 
portion thereof, and to enforce its determina- 
tion thereon, and either of the said munici- 
palities may institute and prosecute, in its 
own name, an aoton in equity in said court 
for that purpose after the expiration of six 
months and before the expiration of one year 
after this act takes effect. 

Proportion of funds and moneys received by 

the city which should be returned to Queens 

county or paid to the controller of the state; 

how determined. 

Sec. 1,591. The mayor and the municipal 
assembly of the city of New York, as consti- 
tuted by this act, and the board of super- 
visors of the county of Queens, are aflso au- 
thorized and empowered to determine what 
proportion of the funds and moneys that 


THE CHARTER FOR THE GREATER NEW 


may be received by the city of New 
York pursuant to the provisions of this 
act, from any officer of any of the municipal 
and public corporations or parts of muni- 
cipal and public corporations within the 
county of Queens, and hereby consolidated 
with the corporation heretofore known as 
the mayor, aldermen and commonalty of the 
city of New York, should be refunded or re- 
paid to the county of Queens, as representing 
taxes levied and assessed for the payment 
of county charges and expenses within said 
county, and in like manner what proportion 
of said moneys that may be so received, were 
levied for state taxes payable by said county 
of Queens for the year 1898, and should 
therefore be turned over to the controller of 
the state in payment and discharge of said 
county’s obligation to the state in that re- 
gard for the year 1S98. If the mayor and the 
municipal assembly, and the said board of 
supervisors of the county of Queens be un- 
able within three months after this act 
takes effect to agree as to any or either of 
said matters, then the supreme court of the 
Third judicial district shall have power to 
determine in each case where a disagreement 
occurs upon said matters, and each of them, 
and to enforce such determination and de- 
cision in a suit in equity, to be brought in 
the name of the supervisors of said county 
of Queens, or of the controller of the state, 
as the case may be, not less than six months 
nor more than one year after this act takes 
effect. 

Board of supervisors of Queens county not to 
levy any tax upon that part of said county 
within the city. 

Sec. 1,592. No tax either for state or for 
county purposes shall, after the taking effect 
of this act, be levied by the board of super- 
visors of the county of Queens upon any prop- 
erty situated in ‘that part of said county with- 
in the city of New York, as hereby consti- 
tuted. 

Controller of state to determine amount of 
county charges of Queens county to be borne 
by the city, 

Sec. 1,593. The controller of the state shall 
have power and is hereby authorized to deter- 
mine on or before the first day of October in 
each year the amount of the county charges 
and expenses which should be equitably borne 
by that part of the county of Queens situated 
within the city of New York, as hereby con- 
stituted and to report the amount there- 
of to the controller of said city. The 
amount so determined by the control- 
ler of the state shall be levied and as- 
sessed by the municipal assembly of said city 
upon that part of the county of Queens in- 
cluded within said city, and shall be collect- 
ed by said city, and as fast as the same is 
collected, shall be paid over by said city to 
the county treasurer of the county of Queens, 
or to such other officer of said county as may 
by law be authorized to receive the same. 

Controller of state to determine amount of 
state tax to be paid by the part of Queens 
county within the city; how levied and col- 
lected. 

Sec. 1,594. It shall be the duty of the con- 
troller of the state, on or before the first day 
of October in each year to compute and 
apportion the amount of tax for state pur- 
poses which should be paid by that part of 
the county of Queens by this act, included 
in the city of New York, and to transmit a 
statement of such amount to the controller 
of city of New York for levy and collection 
by the said city. The amount of which a 


statement is thus transmitted, shall be levied 
upon and collected from the entire property 
within the territorial limits of said city in 
like manner as other expenses of the city. 

Controller to transmit to the city a statement 
of the state tax to be paid by New York, 
Kings and Richmond counties; how levied and 
collected. 

Sec. 1,595. It shall be the duty of the con- 
troller of the state annually to transmit to 
the controller of the city of New York, as 
hereby constituted, for levy and collection 
by said city, a statement of the amount of 
tax for state purposes to be paid by the coun- 
ties of New York, Kings and Richmond re- 
spectively. The amount of which a statement 
is thus transmitted by the controller of the 
state to the controller of said city, shall be 
levied upon and collected from the entire 
property within the territorial limits of said 
city in like manner as other expenses of said 
city. 

Controller of state to apportion Queens county 
school moneys. 

Sec. 1,596. It shall be the duty of the con- 
troller of the state, and he is hereby author- 
ized to make on or before the first day of 
February in each year an apportionment of 
the school moneys which should equitably 
be assigned to that part of the county of 
Queens included within the city of New York, 
as hereby constituted. Such portion of said 
school moneys as shall by the controller of 
the state be determined to belong to that part 
of the county of Queens included within the 
city of New York, shall be transmitted to the 
chamberlain of said city for the uses and 
purposes provided for in the chapter on edu- 
cation contained in this act. 

School moneys for New York, Kings and Rich- 
mond counties to be transmitted to the 
city. 

Sec. 1,597. All school moneys which may 
after the taking effect of this act be allotted 
to the counties of New York, Kings and Rich- 
mond, respectively, shall be transmitted to 
the chamberlain of the city of New York for 
the uses and purposes provided for in the 
chapter on education contained in this act. 

TITLE 2, 

REPEAL PROVISIONS— EFFECT OF 
THIS ACT. 

Inconsistent provisions of consolidation act 
repealed. 

Sec. 1,608. The act of the legislature of the 
state of New York, passed July 1, 1882, known 
as the New York city consolidation act of 
1882, and acts amendatory thereof, and sup- 
plemental thereto, and other acts of the legis- 
lature of the state of New York now in force 
relating to or affecting the local government 
of the city of New York, are hereby repealed 
so far as any provisions thereof are incon- 
sistent with the provisions of this act, or so 
far as the subject matter thereof is revised or 
included in this act, and no further. So far 
as the provisions of this act are the same in 
terms or in substance and effect as the pro- 
visions of the said consolidation act, or of 
other acts of the legislature now in force re- 
lating 'to or affecting the municipal and public 
corporations, or any of them herein united 
and consolidated, this act is intended to be 
not a new enactment but a continuation of 
the said consolidation act of 1882, and said 
other acts, and is intended to apply the pro- 
visions thereof as herein modified bo the city 


YORK. 155 


of New York as herein constituted, and this 
act shall accordingly be so construced and ap- 
plied. 

Omission of previous acts not to be construed 

as repealed. 

Sec. 1,609. The mere omission from this act 
of any previous acts or of any of the provis- 
ions thereof, including said consolidation act 
of 1882, relating to or affecting the munici- 
pal and public corporations or any of them 
which are herein united and consolidated, 
shall not be held to be a repeal thereof. 

Acts applicable to the city of New York. 

Sec. 1,610. All the provisions of all acts of 
the legislature of the state of New York, in- 
cluding said consolidation act of 1882, of a gen- 
eral and permanent character, relating to the 
corporation heretofore known as the mayor, 
aldermen and commonalty of the city of New 
York, in force at the time this act goes into ef- 
fect, which are consistent with this act and its 
purposes, and which are not revised and in- 
cluded in or the subject matter thereof 
covered by this act, are hereby extended 
to the city of New York as herein constituted, 
sa far as they are consistent with this act, and 
are not in their nature locally inapplicable to 
other portions of the city than the corporation 
heretofore known as the mayor, aldermen and 
commonalty of the city of New York. And 
the provisions of law thus extended to the city 
of New York as herein constituted shall apply 
to said city throughout its whole extent, any- 
thing to the contrary notwithstanding con- 
tained in the charter of any of the municipal 
or public corporations or laws relating there- 
to, which are by this act united and consolidat- 
ed with the corporation heretofore known as 
the mayor, aldermen and commonalty of th* 
city of New York. 

To take effect January 1 , 1898. 

Sec. 1,611. For the purpose of determining 
the effect of this act upon other acts and the 
effect of other acts upon this act, this act 
shall, except as in this section is otherwise 
provided, be deemed to have been enacted on 
the first day of January, in the year 1898. 
This act shall take effect on the first day of 
January, 1898; provided, however, that where 
by the terms of this act an election is provided 
or required to be held or other act done or 
forbidden prior to January 1, 1898, then as to 
such election and s»c.h acts, this act shall 
take effect from and arter its passage, and 
shall be enforced immediately, anything in 
this chapter or act to the contrary notwith- 
standing. 

Invalidity of one section not to invalidate any 

other section. 

Sec. 1,612. The invalidity oE any section or 
provision of this act shall not invalidate any 
other section or provision thereof. 

Interregnum; how prevented. 

Sec. 1,613. To guard against the inconven- 
ience and effects that might arise from the 
changes in local government effected by this 
act, and to prevent an interregnum and oth- 
erwise to carry out the purposes and provi- 
sions of this act, it is hereby enacted that un- 
til this act and its several provisions shall 
take effect all existing acts shall remain in 
force, and all officers in office when this act 
takes effect shall remain in office until their 
successors are respectively elected and ap- 
pointed and shall have qualified under the 
provisions of this act. And for the purposes 
aforesaid as well! as for any ether purpose 
necessary or proper to effectuate the scheme 
and objects of this act, and to carry into 
effect the powers granted by this act to the 
city of New York, the municipal assembly 


THE 


CHARTER 


FOR THE GREATER 


NEW YORK. 


156 


shall have power by ordinances to make from 
time to time all such provisions concerning 
the local rule and government of the city of 
New York as herein constituted, and each and 
all of its departments as it may find neces- 
sary or deem needful not inconsistent with 
the constitution and laws of the state and the 
express provisions of this act. 

Existing rights and remedies preserved. 

Sec. 1,614. No right or remedy of any 
Character shall be lost or impaired or af- 
fected by reason of this act. This act shall 
not affect or impair any act done or right 
accruing, accrued or acquired, or penalty, 
forfeiture or punishment incurred prior to the 
time when this act takes effect or by virtue 
of any laws repealed or modified by this act, 
but the same may be asserted, enforced, pros- 
ecuted or inflicted as fully and to the same 
extent as if this act had not been passed or 
said laws had not been repealed or modified; 
and all actions, suits, proceedings or prosecu- 
tions under the New York city consolidation 
act of 1882 or amendments thereof, or other 
laws relating to the city of New York and 
herein repealed or modified, or under any 
charter or law relating to any of the munic- 
ipal and public corporations which are herein 
united and consolidated and pending when 
this act takes effect, including the counties of 
Kings and Richmond, may be prosecuted and 
defended to final effect in the same manner as 
they might under the laws then existing, un- 
less herein otherwise specially provided, and 
such actions, suits, proceedings or prosecu- 
tions may be continued without change of 
name or title, or on motion the city of New 
York may be substituted as plaintiff or de- 
fendant, as the chse may be, in the place of 
the existing party to whose rights and obli- 
gations the said city of New York has by 
force of this act succeeded. The corporation 
counsel shall assume the charge, direction 
and control of all such actions, suits and pro- 
ceedings in behalf of the city of New York. 
All future suits by or against the city of 
New York as herein constituted or against 
any of the municipal and public corporations 
In this act united and consolidated shall be 
in the corporate name of “The City oif New 
York.” 

Powers of corporations consolidated devolved 

upon the city of New York. 

Sec. 1,615. Upon the taking effect of this 
act, on the first day of January, eighteen hun- 


dred and ninety-eight, all the municipal and 
public corporations, except counties, which 
by this act are consolidated with the corpora- 
tion heretofore known as mayor, aldermen and 
commonalty of the city of New York, shall 
cease and determine, and their powers to the 
full extent of legislative power in this behalf 
are respectively devolved upon the corpora- 
tion of the city of New York as herein con- 
stituted and the municipal assembly thereof, 
unless otherwise expressly prohibited in this 
act or bylaw. And all offices forming part of 
the local government of the said municipal 
and public corporations and parts thereof, in- 
cluding cities, villages, towns and school dis- 
tricts, but not including counties, which, by 
the first section of this act, are united and 
consolidated into the city of New York as 
herein constituted, are hereby abolished as to 
all the territory embraced within the limits 
of said city, except as herein otherwise ex- 
pressly provided. The foregoing does not in- 
clude the office of recorder of the former city 
of New York, which is hereby continued under 
the name and title of recorder of the county 
of New York. 

Forfeiture or loss of property not worked. 

Sec. 1,616. Neither the above nor any other 
provisions of this act shall work any for- 
feiture or loss of any property or rights there- 
in or relating thereto held in trust by said 
municipal and public corporations or any of 
them, or to which they or any of them are 
or may be entitled, and the city of New York 
as herein constituted is hereby declared to 
be the successor in respect of such property 
and rights of the said municipal or public 
corporation to wilich the same was granted; 
and the said city of New York shall hold the 
same, as well as all other property and rights 
to which such corporation may be entitled, 
as successor, on the same trusts and charged 
with the same duties as the municipal or pub- 
lic corporation to which it was granted. 

Franchises and other grants not affected. 

Sec. 1,617. Neither this act nor anything 
contained therein shall affect any grants or 
franchises or properties or rights of any 
nature in, to or concerning property of any 
character or other grants made by the Nicolls' 
charter, the Dongan charter, the Cornbury 
charter, the Montgomerie charter, by the 


confirmatory act passed the 14th day of 
October, 1732, or by any other charter or act 
granted to the corporation know as the mayor, 
aldermen and commonalty of the city of New 
York, by the state of New York, or granted 
by said state to the City of Brooklyn or to 
any of the other municipal and public cor- 
porations which are herein united and con- 
solidated into the city of New York, and each 
and all of said grants are to all intents and 
purposes hereby ratified, granted, confirmed 
and extended to the city of New York as 
constituted by this act. 

This act; how repealed or amended. 

Sec. 1,618. This act or any section or pro-: 
vision thereof shall not be deemed to be re- 
pealed or amended by any act of the legis- 
lature, unless it be so expressly stated, or 
the legislative intention to that effect is un- 
mistakable. 

Chapter 942 of the Laws of 1896 not re- 
pealed. 

Sec. 1,619. . Nothing in this act contained 
shall be deemed to repeal the provisions of 
chapter 942 of the laws of 1896. 

This act a public act. 

Sec. 1,620. This act, providing for uniting 
into one municipality various communities, 
including the city and county of New York, 
the city of Brooklyn, the county of Kings, 
the county of Richmond and part of the coun- 
ty of Queens with the municipal and public 
corporations therein, as in this act provided, 
is intended to be and shall be deemed and 
held in all courts and jurisdictions to be a 
public 'act, of which the courts shall take 
judicial notice. And this act shall be con- 
strued not as an act in derogation of the 
powers of the state, but as one intended to 
aid the state in the execution of its duties 
by providing, subject to the constitution and 
laws of the state and the provisions and 
limitations herein contained, an adequate 
scheme of local government for the com- 
munities and people affected, through the in- 
strumentality of the corporate body herein 
constituted under the name of "The City of 
New York.” 


SUPPLEMENTARY ACTS. 


AN ACT 

To provide for boards of supervisors in 
counties wholly within the limits of a 
city but not comprising the whole of 
such city, and defining the powers 
and duties thereof. 

The people of the state of New York represented 
in senate and assembly do enact as follows: 

Section 1. In every county of the state whol- 
ly included within the limits of a city, but not 
comprising the whole of such city, there shall 
be a board of supervisors, to be composed of 
the members of the municipal assembly, board 


of aldermen, common council or other legis- 
lative body of such city, who shall be elected 
as such, and also as supervisors by the people 
of the county. 

Sec. 2. Every such board of supervisors may 
act as a board of county canvassers, and 
shall, in case the county be entitled to more 
than one member of assembly, have the power 
of dividing the county into assembly dis- 
tricts as provided by section 5 of article III 
of the constitution. 

Sec. 3. Every such board of supervisors 
shall have no other or further powers of local 
legislation or administration, and shall have 
no power to incur any debt. 

Sec. 4. The members of every such board 
of supervisors shall serve as such without 


compensation and without other or further 
compensation than is received by them as 
members of the municipal assembly, board of 
aldermen, common council or other legislative 
body of the city within which the county is 
included. 

Sec. 5. The term of office of eich member of 
every such board of supervisors shall be co- 
extensive with and no longer than his term of 
office as member of said municipal assembly, 
board of aldermen, common council or other 
legislative body of the city within which the 
county is located. 

Sec. 6. All acts and parts of acts heretofore 
passed by the legislature which are in any 
respect in conflict or inconsistent with the 


THE CHARTER FOR THE GREATER NEW YORK. 


157 


provisions hereof or any of them, are hereby 
repealed. 

Sec. 7. Each and every board of supervisors 
in existence prior to January 1, 1898, in any 
county of the state falling within the provis- 
ions of section 1 of this act, shall from and 
after said January 1, 1898, be abolished; and 
all the rights, powers and duties which by law 
were vested in any such board of supervisors 
prior to said January 1, 1898, are hereby whol- 
ly abrogated except as herein provided. 

Sec. 8. This act shall take effect immediate- 
ly save as otherwise herein provided. 

AN ACT 

Relating to the election of city officers 
of the city of New York, as consti= 
tuted by the greater New York char- 
ter, at the general election to be held 
in November, in the year eighteen 
hundred and ninety-seven, and for 
the canvass and return of the votes 
thereof, and the determination of per- 
sons elected thereat. 

Section 1. Unless otherwise provided in this 
act, the officers or beards charged with the 
execution of the provisions of the election law 
shall continue to do and perform such acts as 
they are required by the election law to do and 
perform within the city of New York, as con- 
stituted by the greater New York charter. 

Sec. 2. The provisions of the election law, 
constituting chapter 6 of the general laws, ap- 
plicable to cities of the first class relating to 
the registration of electors, the conduct of the 
election and the canvass and return of the 
votes for a general election which are not in- 
consistent with or contrary to the previsions 
cf this act, shall be deemed to apply to all 
election districts within the boundaries of the 
city of New York, as constituted by the greater 
Now York charter, for and at the general elec- 
tion to be held in the year 1897, in and for such 
election districts. 

Sec. 3. The town beard of the town of Hemp- 
stead, in the county of Queens shall, on or be- 
fore the first day of July in the year 1S97, di- 
vide such town into election districts which 
shall contain as near as may be four hundred 
electors. Such election districts so created 
shall be comp-act in form, and shall be respect- 
ively wholly within or wholly without the 
boundary, within such town, of the city of 
New York, as constituted as aforesaid. 

Sec. 4. Certificates of nomination of candi- 
dates for a city office to be voted for at the 
general election in the year 1897, in the city 
of New York or any part thereof, as consti- 
tuted by the greater New York charter, shall 
be filed as follows: 

Certificates cf nomination of candidates to 
be voted for by all the electors within the ter- 
ritory of the city of New York, constituted as 
aforesaid, shall be filed with the board of po- 
lice commissioners cf the city of New York. 
Said board shall forthwith file a certified copy 
of each such certificate with the board of elec- 
tions of the City of Brooklyn, and with the 
county clerk of the counties of Richmond and 
Queens, respectively. 

Certificates of nomination of candidates to be 
voted for by only the electors of a portion of 
the electors of the county of New York, shall 
be filed with the board of police commissioners 
of the city of New York. 

Certificates of nomination of candidates to be 
voted for by only the electors of a portion of 
the electors of Kings county shall be filed wub 
the beard of elections of the City of Brooklyn. 

Certificates of nomination of candidates to be 
voted for by only the electors of a portion of 


the electors of the county of Richmond or the 
county of Queens shall be filed with the clerk 
of such counties, respectively. 

Sec. 5. At the general election to be held in 
the year 1897 the board of inspectors in each 
election district within the city of New York, 
as constituted by tile greater New- York char- 
ter, shall, forthwith, upon the completion of 
the count of votes for each city office, respect- 
ively, and the announcement thereof, deliver 
at the place of canvass to the police officer or 
constable present, or if there be no police or 
constable present, then to some other person 
authorized by such board to file the same, a 
statement subscribed by the board of inspec- 
tors stating the number of votes re- 
ceived by each candidate for such of- 
fice in such election district. Such state- 
ment shall forthwith be conveyed by 
the officer or person to whom it is deliv- 
ered to the police headquarters of the precinct 
or other police division in which the place of 
canvass is located, and he shall deliver it in- 
violate to the officer in command thereof, who 
shall immediately transmit by telegraph, tel- 
ephone or messenger the contents of such 
statement to the chief of police of the city 
of New York at police headquarters in such 
city. Such statements shall be preserved by 
the police for six months, and shall be pre- 
sumptive evidence of the true result of such 
canvass for each such office. 

Sec. 6. The county board of canvassers of 
the counties which are w'holly or partly with- 
in the city of New York, as constituted by the 
greater New York charter, shall be the board 
of canvassers of the votes cast therein for a 
city office at the general election to be held 
in the year 1897, and in addition to the state- 
ments required to be made by them by the 
election law', shall make and certify a sep- 
arate statement of the votes cast for each 
city office voted for by the electors of such 
respective counties or any portion thereof in 
the same form as prescribed for other like 
statements made by such board. All such 
statements shall be filed by the secretary of 
the respective county boards of canvassers 
of such counties with the board of police com- 
missioners of the city of New York on or be- 
fore the day succeeding the election. 

Sec. 7. The board of police commissioners 
of the city of New York shall be the city 
board of canvassers of the city of New York, 
as constituted by the greater New York char- 
ter, of the statements of the votes cast at 
the election in the year 1897 for municipal 
officers in the city of New York so consti- 
tuted, or any part thereof. Three members 
of such hoard shall constitute a quorum. If 
three of such officers shall not attend on a 
day duly appointed for a meeting of the 
board, the secretary of the board shall forth- 
with notify the mayor and recorder of the 
city of New York to attend such meeting, auu 
they shall forthwith attend accordingly, and 
shall, with the other members of the board 
of police commissioners attending, constitute 
such board. The chief clerk of the board of 
police shall be the secretary of the city board 
of canvassers created by this act. The presi- 
dent of the board of police commissioners 
shall be the president of the board of can- 
vassers, and he shall appoint a meeting of 
such board at police headquarters in the city 
of New York on the first Monday of Decem- 
ber next after such election to canvass the 
statements of the boards of county canvassers 
of such elections for city officers. He shall 
notify each member of the board of such 
meeting. The board may adjourn such meet- 
ing from day to day not exceeding a term of 
five days. 

Sec. 8. Said board shall, at such meeting, 
proceed to canvass the certified statements 


of the county board of canvassers of each 
county in w'hich such election was held. If 
any member of such board shall dissent from 
a decision of the board, or shall deem any of 
the acts or proceedings of the board to be 
irregular, and shall protest against the same, 
he shall state such dissent or protest in writ- 
ing signed by him, setting forth his reasons 
therefor, and deliver it to the secretary of 
the board, who shall file it in his office. Upon 
the completion of such canvass, such board 
shall make separate tabulated statements 
signed by the members of such board, or a 
majority thereof, of the whole number of 
votes cast for all the candidates for each 
office shown by such certified statements to 
have been voted for, and of the whole num- 
ber of votes cast for each of such candidates, 
indicating the number of votes cast in each 
county therefor, and if the voters of not more 
than one county of portion of such county 
were entitled to vote for such candidates, 
the name and portion of such county, and the 
name of each candidate, and the determina- 
tion of the board of the persons thereby elect- 
ed to such office by the greatest number of 
votes. Each such statement and determina- 
tion shall be filed and recorded in the office 
of the clerk of the board of aldermen of the 
city of New York, who shall cause the pub- 
lication thereof to be made at once in at least 
two newspapers in each county or portion of 
the county within the city of New York, as 
constituted by the greater New York charter, 
and also a detailed statement thereof to be 
published in the city record showing the 
votes cast in each election district for each 
such city office. 

Sec. 9. Upon the completion of such can- 
vass by such board and the determination 
thereof, the president of the board of police 
commissioners shall forthwith transmit a cer- 
tificate of election to each person shown there- 
by to have been elected to office. Such certifi- 
cate shall be countersigned by the secretary 
of the board under the seal of the city and 
county of New York. 

Sec. 10. This act shall take effect immediate- 
ly- 

AN ACT 

To amend chapter nine hundred and nine 
of the laws of eighteen hundred and 
ninety-six, known as the election law, 
and entitled “An act in relation to the 
elections, constituting chapter six of 
the general laws.” 

The people of the state of New York represented 
in the senate and assembly do enact as fol- 
lows: 

Section 1. Section five of chapter nine hun- 
dred and nine of the laws of eighteen hundred, 
and ninety-six, being an act entitled “An act 
in relation to the elections, constituting chap- 
ter six of the general laws,” is hereby amend- 
ed to read as follows: 

Notice of elections by secretary of state and 
county clerk. 

Sec. 5. The secretary of state shall, at least 
three months before each general election, 
make and transmit to the county clerk of each 
county, and the police board of the city of 
New York, a notice under his hand and official 
seal, staring the day upon which such election 
shall be held, and stating each officer, except 
city, village and town officers, who may be 
lawfully voted for at such election by the 
electors of such county or any part thereof. 
If any such officer is to be elected to fill a 
vacancy, the notice shall so state. The secre- 
tary of state shall forthwith, upon the filing 


I 


1 58 THE CHARTER FOR THE GREATER NEW YORK. 


in his office of the governor’s proclamation 
ordering a special election, make and trans- 
mit to each county clerk and to the police 
board of the city of New York, a like notice 
of the officers to be voted for at such special 
election in such county or city or any part 
thereof, and cause such proclamation to be 
published in the two newspapers published 
in such county having the largest circula- 
tion therein, at least once a week 
until such election shall be held. Each 
county clerk shall forthwith, upon receipt of 
either such notice, file and recoTd it in his 
office, and shall cause a copy of such notice 
to be published once in each week until the 
election therein specified in the newspapers 
designated to publish election notices. He 
shall also publish as a part of such notice, each 
city, village and town officer w'ho may law- 
fully be voted for at such election by the elec- 
tors of such county or any part thereof. 

Sec. 2. Section six of said act is hereby 
amended so as to read as follows: 

Notice of submission of proposed constitutional 

amendments or other propositions or ques- 
tions. 

Sec. 6. Every amendment to the constitu- 
tion proposed by the legislature, unless other- 
wise provided by law, shall be submitted to 
the people for approval at the next general 
election, after action by the legislature in ac- 
cordance with the constitution; and whenever 
any such proposed amendment to the con- 
stitution or other proposition, or question 
provided by law to be submitted to a popu- 
lar vote, shall be submitted to the people for 
their approval, the secretary of state shall 
include in his notice to the county clerk and 
the police board of the city of New York, of 
the general election, a copy of such amend- 
ment, proposition or question, and if more 
than one such amendment, proposition or 
question is to be voted upon at such election, 
such amendment, proposition or question, re- 
spectively, shail be separately and consecu- 
tively numbered. If such amendment, propo- 
sition or question is to be submitted at a 
special election the secretary of state shall, 
at least twenty days before the election, make 
and transmit to each county clerk and the po- 
lice board of the city of New York a like 
notice. Each county clerk shall, forthwith, 
upon the receipt of such notice, file and record 
it in his office, and shall cause a copy of such 
notice to be published once a week until the 
election therein specified, in the newspapers 
designated to publish election notices. 

Section 3. Section eight of said act is here- 
by amended so as to read as follows: 

Creation, division and alteration of election 

districts. 

Sec. S. Every town, or ward of a city, not 
subdivided into election districts shall be an 
election district. The town board of every 
town containing more than four hundred elec- 
tors, and the common council of every city 
except New York, in which there shall be at 
ward containing more than four hundred elec- 
tors, shall, on or before the first day of July 
in each year, whenever necessary so to do, 
divide such town or ward respectively into 
election districts, each of which shall be com- 
pact in form, wholly within the town or ward, 
and shall contain respectively as near as may 
be, four hundred electors, but no such ward 
or town shall be again divided into election 
districts until, at some general election the 
number of votes cast in one or more dis- 
tricts thereof shall exceed six hundred; and 
in such a case the redivision shall apply only 
to the town or ward in which such district 
is situated. If any part of a city shall be 
within a town, the town board shall divide 


into election districts only that part of the 
town which is outside of the city. No elec- 
tion district including any part of a city shall 
include any part of a town outside of a city. 
A town or a ward of a city containing less 
than four hundred electors may, at least 
thirty days before the election or appointment 
(where appointment is directed to be made 
by law) of inspectors of election of such town 
or ward, be divided into election districts by 
the board or other body charged with such 
duty when, in the judgment of such board or 
body, the convenience of the electors shall 
be promoted thereby. The creation, division 
or alteration of an election district outside of 
a city shall take effect immediately after the 
next town meeting, and at such next town 
meeting inspector of election shall be elected 
for each election distict as constituted by the 
creation, division or alteration. If the cre- 
ation, division or alteration of an election dis- 
trict is rendered necessary by the creation or 
alteration of a town, or ward of a city, it 
shall take effect immediately, but a new 
tqwn or ward shall not be created, and no new 
town or ward shall be subdivided into elec- 
tion districts between the first day of August 
of any year and the day of the general elec- 
tion next thereafter. If inspectors are not 
elected or appointed for such district outside 
of a city before September the first next 
thereafter, the town board of the town shall 
appoint four inspectors of election for such 
district. 

If a town shall include a city or a portion 
of a city, only such election districts as are 
wholly outside of the city shall be deemed 
election districts of the town, except for the 
purpose of town meetings. 

The police board of the city of New York 
shall divide such city into election districts 
on or before the first day of July in any year 
whenever necessary so to do as hereinafter 
provided. 

The election districts existing pursuant to 
the provisions of law in the year 1897 in the 
counties of New York and Kings shall con- 
tinue with their present boundaries until at 
some general election for the office of governor 
the number of registered electors therein 
shall exceed six hundred, provided, however, 
that any election district containing less than 
seventy-five electors in such counties, made 
necessary by the crossing of congressional 
lines with other political divisions, may be 
consolidated with contiguous election dis- 
tricts in any year when no representative in 
congress is to be voted for in such districts. 

On or before the first day of July in the year 
1898 the police board of the city of New York 
shall divide that portion of such city that is 
outside the counties of New York and Kings 
into election district which shall be com- 
pact in form and shall contain as near as may 
be four hundred electors as shown by the 
registration of electors for the general elec- 
tion held therein in the year 1897. Such elec- 
tion districts so established in the city of New 
York shall not again be changed until at some 
general election for the office of governor the 
number of registered electors therein shall 
exceed six hundred, except where changes are 
made necessary by a change in the boundaries 
of congressional, senate or assembly districts 
or ward lines, provided, however, that when 
the number of registered electors in any elec- 
tion district 6hall for two consecutive years 
be less than two hundred and fifty, such dis- 
trict may be consolidated with contiguous 
election districts in the discretion of said po- 
lice board. 

In that portion of the city c-f New York 
within the county of New York each election 
district shall be compact in form entirely 
within an assembly district and numbered in 


consecutive order therein respectively. In 
that portion of the city of New York outside 
of the county of New York each election ois- 
trict shall be compact in form, entirely within 
a ward and numbered in consecutive order 
therein respectively. 

Except as heretofore provided no election 
district shall contain portions of two counties, 
or two congressional, senate or assembly dis- 
tricts or two wards. Each town and each 
part of a town to be included in the city of 
New York, as constituted by the greater New 
York charter, shall be respectively deemed to 
be a ward within the meaning of this section. 

Sec. 4. Section ten of said act is hereby 
amended so as to read as follows: 

Designation of places for registry and voting, 

publication of same and provision of furni- r 

ture therefor. 

Sec. 10. On the first Tuesday in September 
in each year, the town board of each town 
and the common council of each city, except 
New York, and the police board of the city of 
New York shall designate the place in each 
election district in the city or town at which 
the meeting for the registration of electors 
and the election shall be held during the year. 
Each room so designated shall be of a reason- 
able size, sufficient to admit and comfortably 
accommodate at least ten electors at a time 
outside of the guard rails. No building or 
part of a building shall be so designated in 
any city if within thirty days before such 
designation intoxicating liquors, ale or beer 
shall have been sold in any part thereof. No 
room shall be so designatel elsewhere than in 
a city if within thirty days before such desig- 
nation intoxicating liquors, ale or beer shall 
have been sold in such room or in a room 
adjoining thereto, with o door or passage- 
way between the two rooms. No intoxicating 
liquors, ale or beer shall be sold in such 
building in a city or such room or ad- 
joining room elsewhere after such desig- 
nation and before the general election next 
thereafter, or be allowed in any room in 
Which an election is held during the day of 
the election or the canvass of the votes. Any 
person or persons violating the provisions of 
this section shall be deemed guilty of a mis- 
demeanor. If any place so designated shall 
thereafter and before the close of the elec- 
tion be destroyed, or for any reason become 
unfit for use, or cannot for any reason be 
used for such purpose, the officers charged 
with the designation of a place for such elec- 
tion shall forthwith designate some other 
suitable place for holding such election. Not 
more than one polling place shall be in the 
same room, and not more than two polling 
places shall be in the same building. The 
officers authorized to designate such places 
in any town or city shall provide for each 
polling place at such election the necessary 
ballot and other boxes, guard rails, voting 
booths and supplies therein, and the other 
furniture of such polling place necessary for 
the lawful conduct of each election thereat, 
shall preserve the same when not in use, 
and shall deliver all such ballot and other 
boxes for each polling place, with the keys 
thereof, to the inspectors of election of each 
election district at least one-half hour before 
the opening of the polls at each election. 
The officers authorized to designate the regis- 
tration and polling places in any city, except 
the city of New York, shall cause to be pub- 
lished in two newspapers within such city a 
list of such places so designated, and the 
boundaries of each election district in which 
such registration and polling place is lo- 
cated. Such publication shall be made in 
the newspapers so selected upon each day of 
registration and the day of election, and on 


159 


THE CHARTER FOR THE GREATER NEW YORK. 


the day prior to each such days. One of such 
newspapers so selected shall be one which 
advocates the principles of the political party 
polling the highest number of votes in the 
state at the last preceding election for gov- 
ernor, and the other newspaper so designated 
shall be one which advocates the principles 
of the political party polling the next high- 
est number of votes for governor at said 
election. 

The police hoard of the city of New York 
shall cause to be published in two newspa- 
pers in each county wholly or partly within 
such city a list of the registration and poll- 
ing places so designated in each borough in 
such respective counties and the boundaries 
of each election district therein in which 
such registration and polling place is lo- 
cated. Such publication shall be made in 
such newspapers upon each day of registra- 
tion and the day of election and on the day 
prior to each of such days. Such publications 
shall be made in the newspapers published 
in such counties which shall respectively ad- 
vocate the principles of the political parties 
which at the last preceding election for gov- 
ernor respectively cast the largest and next 
largest number of votes in the state for such 
office. The said police board shall also cause 
to be published in the City Record on or 
before the first day for registration in each 
year a complete list of all the registration 
and polling places so designated and the 
boundaries of the election districts in which 
such places are located arranged in numerical 
order under the designation of the respective 
boroughs in which they are located. In se- 
lecting the newspapers in which such pub- 
lications are to be made the said board shall 
keep in view the object of giving the widest 
publicity thereto. 

Sec. 5. Section twelve of said act is hereby 
amended so as to read as follows: 

Appointment and qualifications of election 

officers in cities. 

Sec. 12. On or beforo the first day of Oc- 
tober in each year the police hoard of the city 
of New York and the mayor of each other 
city shall select and appoint the election 
officers for each election district in their 
respective cities, and shall severally have 
the power to fill all vacancies which may 
arise before the opening of the polls on elec- 
tion day. To insure the bi-partisan character 
of such board or body of election officers 
required by the election law, each political 
party entitle to representation in such board 
or body shall have the right, not later than 
the first day of August in each year, to pre- 
pare and file with the board or officer em- 
powered to make the appointments as herein 
provided, a list of persons, members of such 
party, dulty qualified to serve as election 
officers, together with a supplemental list 
of persons, members, of such party, 
party, qualified to serve as election offi- 
cers, from which the* said mayor or board 
may select and appoint persons to fill va- 
cancies occurring in the representation of 
such party in such board or body of election 
officers. In the city of New York such list 
shall be authenticated and filed by the chair- 
man of the executive committee of the coun- 
ty committee of the party in the respective 
counties wholly or partly within such city, 
as constituted by the greater New York char- 
ter: in other cities, by the chairman and sec- 
retary of the general, city or county commit- 
tee of such party, if there be such a committee, 
or, if not, then by the corresponding officers 
(by whatever name known) of any committee 
performing the usual functions of a city or 
county committee; provided, however, that if 
in any city more than one such list be sub- 


mitted in the name or on behalf of 
the same political party only that list 
shall be accepted which is authenticat- 
ed by the proper officer or officers 
of the faction or section of such party, 
which was recognized as regular by the last 
preceding state convention of such party; or, 
where no such convention has been held with- 
in the year, by the proper officer of the fac- 
tion or section of said party which, at the 
time of the filing of said list, is recognized as 
regular by the state committee of such party 
which was organized by or pursuant to '.he 
direction of the last preceding state conven- 
tion of such party. All persons so proposed 
for appointment may be examined as to their 
qualifications by or under the direction of 
the board or officer charged with the duty 
of making the appointment, and if found duly 
qualified they shall be appointed to the respec- 
tive positions for which they are recommended. 
If any of them are found disqualified, notice 
in writing of that fact shall be promptly given 
to the person or persons by whom the list 
embracing their names Was authenticated, and 
the vacancy shall be filled by the appointment 
of a qualified person named in the supple- 
mental list of party representatives hereto- 
fore provided for. If either party entitled to 
propose election officers, as herein provided, 
shall fail to authenticate and file such lists 
on or before the first day of August, or if any of 
the persons named therein shall be found dis- 
qualified, and if no supplemental list be filed, 
as herein provided, or if, one or more persons 
named in such supplemental list be found dis- 
qualified then such board or officer shall, if 
necessary, proceed to select in such manner 
as may seem to them or him feasible from the 
members of the party or parties in default, 
or whose nominees havfe been found disquali- 
fied, and shall appoint suitable persons to act 
as election officers. In the city of New York 
the members of the board charged with the 
duty of appointing election officers, who rep- 
resent the same political party, shall have 
the exclusive right and be charged with the 
exclusive duty of selecting from the lists sub- 
mitted, or in lieu of persons named on such 
list who shall have been found disqualified, 
the members of such party who are to be ap- 
pointed as election officers. Every person ap- 
pointed as an election officer shall, tv i thin 
five days after notice of his appointment, take 
and subscribe the constitutional and statutory 
oaths of office, which shall be administered, 
if in the city of New York, by the superin- 
tendent of elections or by the chief of the 
branch bureau of elections in the borough in 
which they are appointed to serve, or the 
chief clerk, or assistant clerk of such bureau, 
designated by the police board to perform such 
duty; and if in any other city, by the mayor 
thereof, or by any person or persons desig- 
nated by him for that purpose; and all of 
said officers, and every clerk or person so 
designated by them or him for that purpose, 
shall be and is hereby authorized and em- 
powered to administer suen oaths. Every per- 
son so sworn as an election officer shall re- 
ceive a certificate of appointment and quali- 
fication, signed by the person who adminis- 
tered the oath, in such form as may be ap- 
proved by the board or officer by which or 
whom ho was appointed, and specifying :he 
capacity and the election district in which 
he is to serve, and the date of the expiration 
of his term of office. Any election officer so 
appointed may be removed' for cause, by the 
board or mayor making the appointment, in 
which case such removal, unless made while 
such officer is actually on duty on the day of 
registration, revision of registration or elec- 
tion, and for improper conduct as an elec- 
tion officer, shall only be made after notice in 


writing to the officer to he removed, which 
notice shall set forth clearly and distinctly 
the reason for his removal. The said board 
of police may delegate to the superin- 
tendent of elections of the city of 
New York, and to the chief of a 
branch bureau of elections, the power 
to remove election officers for cause, 
on any day of registration or election. Any 
election officer who shall at any time be 
appointed to fill a vacancy, which fact shall 
be stated in the certificate of appointment, 
shall hold office only during the unexpired 
term of his predecessor, and provided that 
no election officer shall be transferred from 
one election district to another after he has 
entered upon the performance of his duties. 
The chairman of each board of inspectors of 
each election district shall, within twenty- 
four hours after any election, furnish to the 
mayor or board appointing such officers, if 
required so to do by such mayor or board, 
under his' hand, a certificate stating the 
number of days of actual service of each 
member of such board, the names of the 
persons who served as poll clerks and ballot 
clerks on election day, and the number of 
days during which the store or building hired 
for registration and election purposes was 
actually used for such purposes. Any person 
acting as such chairman, who shall willfully 
make a false certificate, shall be deemed 
guilty of a misdemeanor. Every person ap- 
pointed as an election officer, failing to take 
and subscribe the oath of office as herein- 
before provided, or who shall willfully 
neglect or refuse to discharge the duties to 
which he was appointed, shall, in addition to 
the other penalties prescribed by law, be 
liable to a fine of one hundred dollars, to be 
sued for and recovered by the mayor or 
hoard making the appointment in a court 
of record, for the use and benefit of the 
treasury of such city. Any election officer 
who, being removed for cause, shall fail 
upon demand to deliver over to his succes- 
sor the register of electors, or any tally 
sheets, book, paper, memorandum or docu- 
ment relating to the election in his posses- 
sion, so far as he has made it, shall be liable 
to a like penalty to be recovered in a like 
manner for the benefit of such city. All 
persons appointed and serving as election 
officers on each of the days of registration 
and of election aDd of canvass of the votes 
in cities 64 the first class shall be exempt 
from jury duty for one year from the date 
of the general election at »hich they serve. 

Sec. 6. Section eighteen of said act is here- 
by amended so as to read as follows: 

Payment of election expenses. 

Sec. 18. The expense of providing polling 
places, voting booths, supplies therefor, 
guard rails and other furniture of the poll- 
ing piace, add di»:unce markers, and the 
compensation of the election officers in each 
election district, shall be a charge upon the 
town or city in which such election district 
is situated, except that such expenses 
Incurred for the purpose of conduct- 
ing a village election, not held «t 
the same time as a general election. >->a’l 
ba a charge upon the village. The expense 
of printing and delivering the official br’.'ots, 
sample ballots and cards of instruction, poll 
books, tally sheets, return sheets for in- 
spectors and ballot clerk, and distance mark- 
ers to be used at a town meeting, city ••.■r 
village elections not hold at the same timo 
as a general election, and of printing the list 
of nominations therefor shall be a charge 
upon the town, city or village in which the 
olectlon is hold. The expense of printing 
and delivering the official ballots, sample 


160 


THE CHARTER FOR THE GREATER NEW YORK. 


ballots and cards of instruction, poll books, 
tally sheets, return sheets for inspectors and 
ballot clerks, and distance markers -ho be 
used in any county, except such counties or 
portions thereof as are included within the 
city of New York, at any ether election, if 
no town meeting, city or village election be 
held at the same time therewith, and of 
printing the lists of nominations therefor, 
shall be a charge upon such county. The 
expense of printing and delivering the of- 
ficial ballots, sample ballots and cards of in- 
struction, poll books, tally sheets, return 
sheets for inspector and ballot clerks and 
distance markers, to be used in any such 
county at any such other election, and of 
printing the lists of nominations therefor, 
if the town meeting, city or village election 
be held in such county at the same time 
therewith, shall be apportioned by the coun- 
ty clerk between such town, city or village 
and such county, in the proportion of the 
number of candidates for town, city or vil- 
lage officers on such ballots, respectively, to 
the whole number of candidates thereon, 
and the amount of such expense so appor- 
tioned to each such municipality shall be a 
charge thereon. All expenses relating to or 
connected with elections lawfully in- 
curred by the police board of the 
city of New York, shall be a 
charge on such city, and after being audited 
by the proper officer, shall be paid by the 
controller of said "city upon the certificate 
of such board. The county clerk of each 
county, not salaried, shall be paid by such 
county a reasonable compensation for his ser- 
vices in carrying out the provisions of this 
chapter, to be fixed by the board of super- 
visors of the county, or the board acting 
as such board of supervisors. The town 
clerk of each town shall be paid by such town 
a reasonable compensation for his services 
in carrying out the provisions of thi3 chapter, 
to be fixed by the other members of the 
town board of the town. Ballot clerks, and 
persons acting as such, shall receive the same 
compensation for their attendance at an elec- 
tion as inspectors of election for the elec- 
tion, and be paid in like manner. Poll 
clerks shall receive the same compensation 
for their attendance at an election and can- 
vass of the votes as inspectors of election 
and shall be paid in like manner. An in- 
spector of election, except in the city of 
New York, lawfully required to file papers in 
the county clerk’s office, shall, unless he re- 
sides in the city or town in w'hich such office 
is situated, be entitled to receive as com- 
pensation therefor five dollars, and also four 
cents a mile for every mile actually and 
necessarily traveled between his residence 
and said county clerk’s office in going to and 
returning from such office. In cities of the 
first class, the persons appointed and serving 
as inspectors of election shall receive five 
dollars for the hours fixed by law for each 
day of registration, and of revision of registra- 
tion for a special election, and five dollars for 
the hours fixed by law for the election, and five 
dollars for the canvass and return of the votes. 
The poll clerks in such city shall each receive 
the same compensation as inspectors for the 
election and for the canvass of the votes, and 
the ballot Clerks shall receive five dollars 
each. Such officers shall be paid by the 
controllers of the respective cities upon the 
certificate of the board appointing them. 

Sec. 7. Section nineteen of said act is 
hereby amended so as to read as follows: 

Delivery of election laws to clerks, boards and 

election officers. 

Sec. 19. The secretary of state shall, at least 
sixty days before each general election held 


after this act takes effect, cause to be pre- 
pared a compilation of all the laws relating 
to elections in cities, towns and villages then 
in force, with annotations and explanatory 
notes and blank forms, properly indexed, and 
shall procure the same to be printed wherever 
he deems it desirable for the best interests 
of the state, and transmit to the county 
clerk of each county, except New York, Kings 
and Richmond counties, and to the super- 
intendent of elections located in the borough 
of Manhattan and to the chief of the branch 
bureau of elections in each other borough 
of the city of New York a sufficient number 
of copies thereof to furnish one such copy 
to the county clerlra and to said superin- 
tendent and to each of said chiefs of bureaus 
of election, and one to each town, village and 
city clerk and to each election officer in such 
county and said boroughs, together with such 
number of extra /copies as may in his judg- 
ment be necessary to replace lost or muti- 
lated copies before delivery thereof to elec- 
tion officers. The county clerk of each coun- 
ty, except those counties the whole of which 
are included within the city of New York 
shall forthwith transmit one of such copies 
to each of such officers in such county, and 
not in the city of New York, and said super- 
intendent and the chief of each branch bu- 
reau of elections in the boroughs of the city 
of New York shall forthwith transmit one 
of such copies of each such officer in his bor- 
ough. Each copy so received by each such 
officer shall belong to the office of the per- 
son receiving it. Every incumbent of the 
office shall preserve such copy during his 
term of office, and upon the expiration of his 
term or removal from office deliver it to his 
successor. 

Sec. 8. Subdivision three of section thirty- 
two of said act is hereby amended so as to 
read as follows: 

Subdivision 3. In cities of the first class 
the board of inspectors of each election district 
shall, immediately after the close of each day 
of registration, make and complete one list 
of all persons enrolled in their respective 
districts, in the numerical order of the street 
numbers thereof, which list shall be signed 
and certified by the board of inspectors. Such 
list shall be delivered by the chairman of the 
board of inspectors to the police . captain of 
the precinct in which the election district 
is located, or an officer thereof, who 
shall forthwith deliver the same, if in 
The city of New York, to the superintendent 
of elections as to each election district in the 
borough of Manhattan, and to the chief of 
the branch bureau of elections of each other 
borough in which the election district is lo- 
cated, and if in the city of Buffalo, to the 
city clerk. The police board of the city of New 
York and the city clerk of Buffalo shall, as 
soon as possible after the delivery of such 
lists and before the day of election, print in 
pamphlet form for each assembly district or 
ward within such respective cities not less 
than fifty times as many copies of said lists 
as there are election districts in such assem- 
bly ciistrict or ward, so that each assembly 
district or ward pamphlet shall contain the 
lists of the several election districts in such 
assembly district or ward. Upon the written 
application of the chairman of the executive 
committee of the county committee of any 
political party entitled to a separate column 
upon the official ballot to be voted in such 
city at the election for which the registration 
is made, the said police board and said city 
clerk shall respectively deliver to such chair- 
man five copies of each assembly district or 
ward pamphlets for each election district 


wuthin such assembly district or ward in such 
county. 

Two pamphlets containing the lists of the 
registered persons in the election districts 
within his precinct shall be furnished to 
each police captain in such cities and it shall 
be the duty of such police captains to cause 
an investigation of each name registered 
therein to be made and to report to his com- 
manding officer any case of false registration 
found in his precinct. 

The remaining pamphlets so printed shall 
be distributed in the discretion of the said 
police board and said city clerk who shall 
have respectively the power to charge for 
each pamphlet a sum not exceeding ten cents a 
copy and any moneys resulting from the sale 
thereof shall be paid to the controller of the 
city for the benefit of the treasury of such 
city. Such lists shall be made and printed 
as near as may be in the following form, to 
wit: 

GRAND STREET. 

Residence number, ■ 1 !i3 

or other designation. Name of voter. 

14. Smith, John M. 

15. Jones, Charles M. 

Sec. 9. Subdivision two of section thirty-five 

of the said act is hereby amended so as to 
read as follows: 

Subdivision 2. The register of electors made 
by the chairman of the board of inspectors 
shall be, and shall be known, as the public 
copy of registration. Such public copy shall 
be left in a permanent position in the place 
of registration from the first day of registra- 
tion until election day, and shall at all rea- 
sonable times be open to public inspection 
and for making copies thereof. Each other 
inspector shall carefully preserve his register 
of electors and shall be responsible therefor, 
until the close of the canvass of the votes on 
election day, except as hereinafter provided 
for in cities of the first class. At the close of 
each day of registration, the inspectors shall 
draw a line in ink immediately below the 
name of the elector last entered upon each 
page of each such register. Upon the suc- 
ceeding day of registration, they shall enter 
the names of electors in the alphabetical or- 
der of the first letter of the surname below 
the line so drawn upon the proper page after 
the close of the previous day of registration. 
Upon the close of the last day of registration, 
the inspectors shall again carefully compare 
all the books of registration, to see that they 
are identical as to their contents, and (after 
making and completing the separate list of 
the electors in cities of the first class, as 
provided in subdivision three of section thirty- 
two of the election law) shall certify as a 
board in the proper place provided therefor 
upon each such register that such register is 
a true and correct register of the persons en- 
rolled by them in such district for the next 
ensuing election, and shall state the whole 
number of such persons so enrolled. In cities 
of the first class, at the close of the last day 
of registration, the chairman of the board of 
inspectors shall take from an inspector of op- 
posite political faith from himself, the regis- 
ter of electors made by such inspector and 
shall file the same on the Monday after the 
last day of registration, if in the city of New 
York with the chief of the bureau of elections 
of the borough in which the election 
district is located, and if in the city 
of Buffalo with the city clerk. Such reg- 
ister so filed shall be a part of the records 
of the offices in which it is filed. The two 
other inspec tors of oppositepolitical faith from 
each other shall each retain their respective 
registers of electors for use on election day. 
All registers of electors shall at all reasona- 
ble hours be accessible for public ex- 
aminations and making copies thereof, and no 


I 


THE CHARTER FOR THE GREATER NEW 


charge of any kind shall be made for such 
examination or for any elector making a copy 
thereof. In cities of the first class the public 
copy of registration shall be used. If neces- 
sary, on election day by the inspector whose 
register was filed as herein provided by said 
chairman. Any person who shall alter, mu- 
tilate, destroy or remove from the place of 
registration the public copy of such registra- 
tion, shall be guilty of a felony, and shall be 
punished upon conviction thereof by impris- 
onment In a state prison for not less than two 
nor more than five years, unless otherwise 
provided by law. If, in cities of the first 
class, the board of inspectors shall meet on 
the second Saturday before the election for 
the purpose of revising and correcting the 
register of electors in pursuance of an order 
of the supreme court, a justice thereof or a 
county judge, as provided in section thirty- 
one of the election law, the inspectors shall 
certify forthwith to the officer with whom the 
copy of the register is filed, the change or 
changes made upon such register in pur- 
suance of such order. At any revision of 
registration for an election other than a gen- 
eral election, the quadruplicate register of 
electors for the last preceding general elec- 
tion shall be furnished to the inspectors of 
election by the officer or board having the 
custody thereof, and the inspectors shall cer- 
tify to the officer or board in cities of the first 
class with whom the registers are filed, the 
changes, additions or alterations made in 
such registers for such election. In the cities 
of the first class at the close of the canvass 
of the votes of any election, or within twen- 
ty-four hours thereafter the two copies of the 
register of electors used by the inspectors and 
the public copy thereof shall be filed respect- 
ively with the chief of the bureau of elections 
in the borough of the city of New York, in 
which the election district is located, and 
with the city clerk of Buffalo. In all election 
districts other than in cities of the first class, 
one copy of the register used on election day 
by the inspectors shall within twenty-four 
hours after the close of the election be filed 
in the office of the town or city clerk of the 
town or city in which such election district is, 
and the o ther copieswith the county clerk. Such 
register of electors shall be carefully pre- 
served for use at any election which may be 
ordered or held in either of such counties or 
cities, respectively, prior to the next ensuing 
general election, at which they may be re- 
quired. 

Sec. 10. Subdivision one of section thirty- 
six of said act is hereby amended so as to 
read as follows: 

Delivery of blank books for registration, cer- 
tificates and instructions. 

Sec. 36. Subdivision 1. The secretary of 
state shall purchase wherever he deems it 
desirable for the beet interests cf the state, 
a suitable number of blank books for register 
of electors, with blank certificates and brief 
instructions for registering the names of 
electors therein, in the forms respectively 
provided in subdivisions one and two of sec- 
tion thirty-two of the election law, at least 
four of such books for each board of inspect- 
ors in the state, and such number of extra 
copies ’ thereof as in his judgment may be 
necessary for each county or city to replace 
lost or damaged registers before delivery to 
the inspectors. Such register of electors 
shall have the leaves thereof indexed with 
the letters of the alphabet, beginning with the 
letter “A” for the first leaf, and so on. He 
shall transmit such registers, certificates 
and instructions to the county clerk of each 
county, except those counties the whole of 
grhlch are included wdthin the city of New 


York; to each such county clerk a sufficient 
number thereof for the use of the boards of 
inspectors within his oounty and not within 
the city of New York, and to the superinten- 
dent of elections of the city of New York, 
located in the borough of Manhattan, and to 
the chief of the branch bureau of elections 
in each other borough within the city of New 
York a sufficient number thereof for the use 
of each board of inspectors within said 
respective boroughs at least twenty days prior 
to the first day of registration for a general 
election in each year. The county clerk shall 
deliver such books to the town clerks 
of each town, and to the city clerk 
of each city in such county, by mail or 
otherwise, at least five days prior to the first 
day of registration, and such town clerks and 
city clerks, and the said superintendent and 
chiefs of bureaus of elections in the city of 
New York shall deliver such books to the in- 
spectors of said boroughs, respectively, before 
the hour set for registering the names of 
electors on the first day of registration. On 
the last day of registration, the police board 
of the city of New York and the city clerk 
of Buffalo shall furnish to each board of in- 
spectors in their respective cities, blanks for 
the list of electors provided for in subdivision 
three of section thirty-two of the election 
law. 

Sec. 11. Section fifty-eight of said act is 
hereby amended so as to read as follows: 

Places of filing certificates of nomination. 

Sec. 68. Certificates of nomination of can- 
didates for office to be filled by the electors of 
the entire state, or of any division or district 
greater than a county, shall be filed with the 
secretary of state, except that each certificate 
of nomination of a candidate for member ol 
assembly for the assembly district composing 
the counties of Fulton and Hamilton, shall be 
filed in the office of the county clerk of Fulton 
county, and a copy thereof certified by the 
county clerk of Fulton county, shall be filed 
in the office of the county clerk of Hamilton 
county; so long as the said counties constitute 
one assembly district, and except that certi- 
ficates of nomination of candidates for offices 
to be filled only by the electors or a portion 
of the electors of the city of New York shall 
be filed with the police board of the city of 
New York, in the office of the superintendent 
of elections. Certificates of nomination of 
candidates for offices to be filled only by the 
votes of electors, part of whom are of New 
York city, and part of whom are of a county 
not wholly within the city of New York, shall 
be filed with the clerk of such county in the 
office of the superintendent of elections and 
with the police board of said city. Certificates 
of nomination of candidates for offices of any 
other city, or for offices of a village or town 
to be elected at a different time from a general 
election, shall be filed witih the clerk of such 
city, village or town, respectively. All other 
certificates of nomination shall be filed with 
the clerk cf the county in which the candi- 
dates so nominated are to be voted for. All 
certificates and corrected certificates of nom- 
ination, all objections to such certificates and 
all declination of nominations are hereby de- 
clared to be public records; and it shall be 
the duty of every officer or beard to exhibit 
without delay, every such paper or papers 
to any person who shall request to see the 
same. It shall also be the duty of each such 
officer or board to keep a book which shall 
be open to public inspection, in which shall 
be correctly recorded the names of all candi- 
dates nominated by certificates filed in the 
office of such officer or board, or certified there- 
to, the title of the office for which any such 
nomination is made, the political or other 
name and emblem of the political party or iu- 


YORK. lfit 


dependent body making such nomination; and 
in which shall also be stated all declinations 
of nominations or objections to nominations, 
and the time of filing each of the said papers. 

Sec. 12. Section fifty-nine of said act is 
hereby amended so as to read as follows: 

The times of filing certificates of nomination. 

Sec. 59. The different certificates of nomina- 
tion shall be filed within the following periods 
before the election for which the nominations 
are made, to wit: Those required to be filed 
with the secretary of state, if party nomina- 
tions, at least thirty and not more than forty 
days; if independent nominations, at least 
twenty-five and not more than forty days; 
those required to be filed with a county clerk, 
or the police board of the city of New York, 
or with the city clerk of any other city, '« 
party nominations, at least twenty-five and 
not more than thirty-five days; if independent 
nominations, at least twenty, and not more 
than thirty-five days; those required to be filed 
with a town or village clerk, if party nomina- 
tions, at least fifteen and not more than twenty 
days; if independent nominations, at least 
ten and not more than twenty days. In case 
of a special election ordered by the governor 
under the provisions of section four of the elec- 
tion law, the certificates of nominations for 
the office or offices to be filled at such special 
election shall be filed with the proper officer 
or board not less than fifteen days before 
such special election. 

Sec. 13. Section sixty of said act is hereby 
amended so as to read as follows: 

Certification of nomination by secretary of 
state. 

Sec. 60. The secretary of state shall, four- 
teen days before the election, certify to the 
county clerk of each county, except those 
counties the whole of which are within the 
city of New York, and to the police board of 
the city of New York, the name, residence 
and place of business, if any, of each candi- 
date nominated in any certificate so filed 
for whom the electors of any such county or 
said city, respectively, may vote, the title 
of the office for which he is nominated, the 
party or othqr political name specified in 
such certificate, and the emblem or device 
chosen to represent and distinguish the can- 
didates of the political party or independent 
body making such nominations. 

Sec. 14. Section sixty-one of said act is 
hereby amended so as to read as follows: 

Publication of nominations. 

Sec. 61. At least six days before an elec- 
tion to fill any public office, the county clerk 
of each county, except those counties which 
are who’ly within the city of New York, 
shall cause to be published in not less than 
two or more than four newspapers within 
such county, a list of all nominations of can- 
didates for offices to be filled at such elec- 
tion, certified to such clerk by the secretary 
of state, or filed in the office of such clerk. 
The police board of the city of New York 
shall, within the same time before an elec- 
tion to fill any public office, cause to be pub- 
lished in not less than two, nor more than 
four newspapers published in each county 
wholly or partly within such city a list of 
the nominations of candidates for offices to 
be voted for at such election in such coun- 
ties, respectively, which were certified to such 
board by the secretary of state, or filed in 
the office of such board. Such publication 
shall contain the name and residence, and if 
in a city, the street number of the residence 
and place of business, if any, and the party 
or other designation of each candidate, the 
office for which he was nominated, specify- 
ing the political division in which he is to 


163 


THE CHARTER FOR THE GREATER NEW YORK. 


be voted for, and a fac-simile of the emblems 
or devices selected and designated as pre- 
scribed by -the fifty-sixth and fifty-seventh 
sections of this act, to represent and dis- 
tinguish the candidates of the several politi- 
cal parties or independent bodies. The city 
clerk of each city, except New York, and the 
police board in said city, shall at least six 
days before an election of city officers thereof, 
held at a different time from a general elec- 
tion, cause like publication to be made as to 
candidates for offices to be filled at such city 
election in a like number of newspapers 
published in said city. One of such publi- 
cations shall be made in a newspaper which 
advocates the principles of the political party 
that, at the last preceding election for gov- 
ernor, cast the largest number of votes in 
the state for such office, and another of such 
publications shall be made in’ a newspaper 
which advocates the principles of the politi- 
cal party that at the last preceding election 
for governor cast the next largest number of 
votes in the state for such office. The clerk 
or board, in selecting the papers for such 
publications, shall select which, according to 
the best information he can obtain, have a 
large circulation within such county or city. 
In making additional publications, the clerk 
or board shall keep in view the object of giv- 
ing information, so far as possible, to the 
voters of all political parties, and in no 
event shall additional publications be made 
in two newspapers representing the same po- 
litical party. The clerk or board shall make 
such publication twice in each newspaper so 
selected in a county or city in which daily 
newspapers are published; but if there be no 
daily newspaper published within the county, 
one publication only shall be made in each 
of such newspapers. Should the county clerk 
find it impracticable to make the publication 
six days before election day in counties where 
no daily newspaper is printed, he shall make 
the same at the earliest possible day there- 
after, and before the election. 

Sec. 15. Section sixty^two of said act is 
hereby amended so as to read as follows: 

Lists for town clerics and aldermen. 

Sec. 62. The county clerk of each county, 
except those counties which are wholly with- 
in the city of New York, shall at least six 
days before election day send to the town 
clerk of each town, and to an alderman of 
each ward in any city in the county, at 
least five and not more than ten printed lists 
for each election district in such town or 
ward, containing the name and residence, 
and if in a city the street number of resi- 
dence, and place of business, if any, and the 
party or other designation, and also a fac 
simile of the emblem or device of each po- 
litical party, or independent body nominat- 
ing candidates to be voted for by the elec- 
tors of the respective towns and wards. Such 
lists shall, at least three days before the 
day of election be conspicuously posted by 
such town clerk or alderman in one or more 
public places in each election district of such 
town or ward, one of which shall be at each 
polling place. 

Sec. 16. Section sixty-four of said act is 
hereby amended so as to read as follows: 

Declination of nomination. 

Sec. 64. The name of a person nominated 
for any office shall not be printed on the of- 
ficial ballot if he notifies the officer with 
whom the original certificate of his nomina- 
tion is filed, in a writing signed by him and 
duly acknowledged, that he declines the nom- 
ination, or if nominated by more than one 
political party, or independent body, the 
name of a person so nominated shall not be 


printed on the ticket of a party or indepen- 
dent body whose nomination he shall in like 
manner decline. If the declination be of a 
party nomination filed with the secretary of 
state, such notification shall be given at least 
twenty-five days, and if an Independent nom- 
ination, at least twenty days before the elec- 
tion. If the declination be of a party nomi- 
nation filed with a county clerk or the police 
board of the city of New York, or with the 
city clerk of any other city, such notification 
shall be given at least twenty days, and if of 
an independent nomination, at least eighteen 
days before the election. If the declination 
be of a party nomination filed with a town or 
village Clerk, such notification shall be given 
at least ten days, and if of an independent 
nomination, at least seven days before the 
election. The officer to whom such notifica- 
tion is given, shall forthwith inform by mail 
or otherwise, the committee, if any, appointed 
on the face of such certificate as permitted 
by sections fifty-six and fifty-seven of this 
act, and otherwise one or more persons 
whose names are attached to such certificate, 
that the nomination conferred by such certi- 
ficate has been declined, and if such declina- 
tion be filed with the secretary of state, 
such officer shall also give immediate notice 
by mail or otherwise, that such nomination 
has been declined, to the several county 
clerks or other officers, authorized by law to 
prepare official ballots for election districts 
affected by such declination. 

Sec. 17. Sub-division one of section sixty- 
six of said act is hereby amended so as to 
read as follows: 

Filling vacanies in nominations, and correct 
tion of certificate. 

Sec. 66. Subdivision 1. If a nomination is 
duly declined, or a candidate regularly nomi- 
nated dies before election day, or is found to 
be disqualified to hold the office for which he 
is nominated, or if any certificate of nomi- 
nation is found to be defective but not whol- 
ly void, the committee appointed on the face 
of such certificate of nomination, as per- 
mitted by sections fifty-six and fifty-seven 
of this act, may make a new nomination to 
fill the vacancy s>o created, or may supply 
such delect, as the case may be, by making 
and filing with the proper officer a certificate 
setting forth the cause of the vacancy or the 
nature of the defect, the name of the new 
candidate, the title of the office for which he 
is nominated, the name of the original candi- 
date, the name of the political party or other 
nominating body which was inscribed on the 
original certificate, and such further infor- 
mation as is required to be given by an 
original certificate of nomination; except that 
where a certificate is filed pursuant to 
this section to fill a vacancy it shall 
not be lawful to select a new emblem or 
device, but the emblem or device chosen to 
represent or distinguish the candidate nomi- 
nated by the original certificate shall be used 
to represent and distinguish the candidate 
nominated, as provided by this section. The 
certificate so made shall be subscribed and ac- 
knowledged by a majority of the members of 
the committee, and the members of the com- 
mittee subscribing the same shall make oath 
before the officer or officers before 
whom they shall severally acknowledge the 
execution of the said certificate that the mat- 
ters therein seated are true to the best of their 
information and belief. Except in a case as 
provided for in subdivision two of this sec- 
tion, the said certificate shall be filed in the 
office in which the original certificate was filed 
at least six days before the election, if filed 
in the office of a town or ciiage clerk; at least 
fifteen days before the electon if filed with the 


county clerk or the police board of the city of 
New York, or the city clerk of any other city; 
and at least fifteen days if filed with the sec- 
retary of state, and upon being so filed shall 
have the same force and effect as an original 
certificate of nomination. When such certifi- 
cate is filed with the secretary of state he shail 
in certifying the nomination to the various 
county clerks and other officers insert the 
name of the person who has been nominated, 
as prescribed by this section, instead of that 
of the candidate nominated by the original cer- 
tificate, or If he has already sentforward hlscer- 
tificate, he shall forthwith certify to the proper 
clerks and other officer, the name of the per- 
son nominated as prescribed by this section, 
and such other facts vis are required to be 
seated in a certificate filed pursuant to this 
section. When no nomination shall have been 
originally made by a political party, or by an 
independent body for an office, or where a va- 
cancy shall exist, it shall not be lawful for any 
committee of such party or independent body 
authorized to make nominations, or to fill va- 
cancies, to neemuate or substitute the name of 
a candidate of another party, or independent 
body for such office; it being the intention of 
this act that when a candidate of one party is 
nominated and placed on the ticket of another 
party or independent body, such nomination 
must be made at the time and in the manner 
provided for making original nominations by 
such party or independent body. 

Sec. 18. Section eighty-six of said act is 
hereby amended so as to read as follows; 

Officers providing ballots and stationery. 

Sec. 86. The clerk of each county, except 
those counties the whole of which are within 
the city of New York, shall provide the requi- 
site number of official and sample ballots, cards 
of instruction, two poll books, distance mark- 
ers, two tally sheets, inspectors’ and ballot 
clerks’ return sheets (three of each kind, and 
one of each to be marked “original”), pens, 
penholders. Ink, pencils having black lead, 
blotting paper, sealing wax and such other 
articles of stationery as may be necessary for 
the proper conduct of the election, and the 
canvass of the votes, for each election district 
in such county, and not within the city of New 
York, for each election to be held thereat, ex- 
cept that when town meetings, city or village 
elections and elections for school offi- 
cers are not held at the same time 
as a general election the clerk of 
such town, city or village, respectively, shall 
provide such official and sample ballots and 
stationery for such election or town meeting. 
And the police beard of the city of New York 
shall provide such articles for each election to 
be held in said city. Each officer or board 
charged with the duty of providing official bal- 
lots for any polling place, shall have sample 
ballots and official ballots provided, and in the 
possession of such officer or board, and open to 
pubiic inspection as follows: The sample bal- 
lots five days before the election and the offi- 
cial ballots four days before election for which 
they are prepared, unless prepared for a vil- 
lage election or town meeting held at a differ- 
ent time from a general election, in which case 
the official ballot shall be so printed and in 
possession at least one day, and the sample 
ballots at least two days before such election 
or town meeting. During thetimes within which 
the same are open for inspection as aforesaid.it 
shall be the duty of the officer or board 
charged by law with the duty of preparing the 
same, to deliver a sample ballot of the kind 
to be voted in his district to each qualified 
elector who shall apply therefor, so that each 
elector who may desire the same may obtain 
a sample ballot, similar except as regards color 
and the number on the stub, to the offi- 


( 


THE CHARTER FOR THE GREATER NEW YORK. 


163 


cial ballot to be voted at the polling place 
at which he is entitled to vote. 

Sec. 19. Section eighty-seven of said act 
Is hereby amended so as to read as follows: 

j Distribution of ballots and stationery. 

Sec. 87. The county clerk of each county 
except those counties which are wholly within 
the city of New York, shall deliver at his 
office to each town or city clerk in such coun- 
ty, except in' New York city, on the Saturday 
before the election at which they' may be 
voted, the official and sample ballots, cards of 
instructions and other stationery required 
to be provided for each polling place in such 
town or city for such election. It is hereby 
made the duty of each such town or city clerk 
to call at the office of such county clerk- at 
such time and receive such ballots and sta- 
tionery. In the city of New York the board 
required to provide such ballots and station- 
ery shall cause them to be delivered to the 
board of inspectors of each election district at 
least one-half hour before the opening of the 
polls on each day of election. Each kind of 
official ballots shall be arranged in a package 
in the consecutive order of the numbers print- 
ed on the stubs thereof, beginning with number 
one. All official and sample ballots provided 
for such election shall be in separate sealed 
packages, clearly marked on the outside 
thereof, with the number and kind of ballots 
contained therein and indorsed with the desig- 
nation of the election district for which they 
were prepared. The instruction cards and 
other stationery provided for each election 
district shall also be inclosed in a sealed 
package or packages with a label on the out- 
side thereof showing the contents of each 
such package. Each such town and city clerk 
receiving such packages shall cause all such 
packages so received and marked for any 
election district to be delivered unopened and 
with the seals thereof unbroken to the in- 
spectors of election of such election district 
one half hour before the opening of the polls 
of such election district therein. The inspec- 
tors of election receiving such packages shall 
give to such town or city clerk, or board, 
delivering such packages a receipt therefor 
specifying the number and kind of packages 
received by them, which receipt shall be filed 
in the office of such clerk or board. Town, 
city and village clerks required to provide the 
same for town meetings.city and village elec- 
tions held at different times from a general 
election, and the board of the city of New 
York required to provide the same for elec- 
tions held therein, respectively, shall in like 
manner, deliver to the inspectors or presiding 
officers of the election at each polling place at 
which such meetings and elections are held, 
respectively, the official ballots, sample bal- 
lots, instruction cards and other stationery 
required for such election or town meeting, 
respectively, in like sealed packages marked 
on the outside in like manner and shall take 
and file receipts therefor in like manner in 
their respective offices. 

Sec. 20. Section one hundred and thirteen of 
said act is hereby amended so as to read as 
follows: 

Delivery and filing of papers relating to the 

election. 

Sec. 113. Subdivision 1. If the election be 
other than an election of town, city, village 
or school officers, held at a different time from 
a general election, the chairman of the board 
of inspectors of each election district, except 
in the city of New York, shall forthwith, up- 
on the completion of such certified original 
statement of the result, deliver one certified 
copy thereof to the supervisor of the town in 
which the election, if outside of a city, is 
eituated.and if in a city, to one of the super- 


visors of said city. If there be no supervisor, 
or he be absent or unable to attend the meet- 
ing of the county board of canvassers, such 
certified copy shall be forthwith delivered to 
an assessor of such town or city. One cer- 
tified copy of such original statement of the 
result of the canvass, the poll books of such 
election, and one oT the tally sheets, shall be 
forthwith filed by such inspectors, or by one 
of them deputed for that purpose, with the 
town clerk of such town, or the city clerk of 
such city, as the case may be. The original 
certified statement of the result of the canvass 
with the original ballot, returned, prepared by 
the ballot clerk, attached, the sealed 
package of void and protested bal- 
lots, the record as to challenged 
and assisted voters, and the sealed packages 
of detached stubs and unvoted ballots and one 
of the tally sheets shall, within twenty-four 
hours after the completion of such canvass, be 
filed by the chairman of the board of inspectors 
with the county clerk of the county in which 
the election district is situated. The register 
of electors and public copy thereof shall be 
filed as prescribed in section 35 of this act. 

Subdivision 2. In the city of New York the 
original statement of canvass and the sealed 
package of void and protested ballots shall be 
filed by the chairman of the board of inspect- 
ors within twenty-four hours after the com- 
pletion of the canvass, with the county clerk 
of the county within which the election dis- 
trict is located, together with one of the poll 
books and one of the tally sheets, ' properly 
certified by the poll clerks. One certified copy 
of such original statement, one poll book and 
one tally sheet- shall be flle-d within such time 
with the superintendent of elections and with 
the chief of the branch bureau of elections, as 
the case may be, in the borough within which 
the election district is located by an inspector 
designated by the board of supervisors for that 
duty, and the other certified copy of such or- 
iginal statement with the city clerk, by an in- 
spector designated by the board of inspectors 
for that duty. In election districts in the city 
of New York the boards of inspectors of elec- 
tions must, at the same time they make and 
sign the aforesaid original statement and cer- 
tified copies thereof, make a certified copy of 
so much thereof as relates to any candidate 
for member of assembly, senator or represen- 
tative in congress, voted for in said election 
district, and also in any part of any county not 
within the city of New York, and such certi- 
fied copy must, within twenty-four hours after 
the completion of the canvass by the inspect- 
ors, be filed by the chairman of the board of 
inspectors with the clerk of the county out- 
side of the city of New York of which such offi- 
cers or any of jffiem are voted for at such elec- 
tion. 

The sealed packages of detached stubs and 
ballots not used at the election shall, in the 
city of New York, be given by the inspectors 
to the police, who shall return them to the bu- 
reau of elections of the borough within which 
the election district is located. All such pack- 
ages of detached stubs and unused ballots 
shall be preserved inviolate in the office in 
which they are filed for a period of six months 
from the time of filing thereof, and may be 
opened and examined upon the order of the su- 
preme court or a justice thereof, or a county 
judge within such county, and at the expira- 
tion of such time may be disposed of in the 
discretion of the officer or board having cus- 
tody of the same. 

Sec. 21. Section one hundred and thirty of 
said act is hereby amended so as to read as 
follows: 

Organization of county board of canvassers. 

Sec. 130. The board of supervisors of each 
county shall be the county board of canvass- 


ers of such county. The county board of can- 
vassers of the counties wholly or partly with- 
in the city of New York shall be the city board! 
of canvassers of the city of New York within 
their respective counties. The county boards 
of canvassers of the respective counties shall 
meet at the office of the county clerk thereof 
on the Tuesday next after each election of 
public officers held in such county other than an 
election of town, city, village or district school 
officers held at a different time from a general 
election. Upon such meeting they shall choose 
one of their number chairman of such board. 
Such county clerk, or, if he be absent or un- 
able to act, the deputy county clerk of such 
county, shall be the secretary of such board. 
The secretary of the board shall thereupon 
administer the constitutional oath of office to 
the chairman of the board, who shall then ad- 
minister such oath to each member and to the 
secretary of the board. A majority of the 
members of any board of canvassers shall 
constitute a quorum thereof. If, on the day 
fixed for such meeting, a majority of any such 
board shall not attend, the members of the 
board then present shall elect the chairman of 
the board and adjourn to some convenient 
he lr of the next day. If such board, or a ma- 
jority thereof, shall fail or neglect to meet 
within two days after the time fixed for or- 
ganizing such board, the supreme court, or 
any justice thereof, or county judge within 
such county may compel the members thereof 
by writ of mandamus to meet and organize 
forthwith. 

Sec. 22. Section one hundred and thirty- 
one of said act is hereby amended so as to 
read as follows: 

Production of original statements and copies 

thereof. 

Sec. 131. As soon as such board of county 
canvassers shall have been organized, tho 
officer with which they were filed shall de- 
liver to such board of canvassers all tho 
original statements of canvass received from 
inspectors of election for districts within the 
county for which said board are county or 
city canvassers. The copies of the original 
statements which have been delivered to 
members of the board of assessors shall then 
be delivered to the board. If any member 
of the county board of canvassers shall' be 
unable to attend the first meeting of such 
board, he shall, at or before such meeting* 
cause to be delivered to the county clerk of 
such county all such copies of original state- 
ments delivered to him, and any original 
statement that may come into his possession. 
If, at the first meeting of a county board of 
canvassers of any county, all such original 
statements of the result of the canvass of 
the votes cast at such election in all the 
election districts in the county shall not be 
produced before the board, it shall adjourn 
to some convenient hour of the' same or the 
next day, and the county clerk of such coun- 
ty shall, by special messenger or otherwise, 
obtain such missing original statements, if 
possible, otherwise he shall procure one of 
the certified copies thereof in time to be pro- 
duced before such board at its next meet- 
ing. At such first meeting, or as soon as an 
original statement of the result of the can- 
vass of the votes cast in such election in 
every election district of the county shall be 
produced before such board, or a copy thereof, 
in case the original cannot be produced, 
the board shall, from such original state- 
ments and certified copies, proceed to can- 
vass the votes cast in such county at such 
election. 

Sec. 23. Section one hundred and thirl^ 


THE 


NEW YORK. 


164 


CHARTER FOR THE GREATER 


five of said act is hereby amended so as to 
read as follows: 


Statements of canvass by county boards. 

Sec. 135. Upon the completion by a 
county board of canvassers of the canvass of 
votes of which original statements of can- 
vass, or certified copies thereof, are by law 
required to be delivered to them, by the 
boards or officers with whom the same may 
nave been filed by the inspectors of election, 
they shall make separate statements thereof 
as follows: One statement of all such votes 
cast for each office of elector of President 
and vice president of the United States; an- 
other statement of all such votes cast for 
each state officer; another statement of 
all such votes cast for each office of 
representative in congress, except that 
the board of canvassers in the county 
of New York shall not make a state- 
ment of the votes cast in any election district 
in said county, for any candidate for the 
office of assemblyman, senator or repre- 
sentative in congress, the candidates for 
which were also voted for by electors in 
election districts in any county not within 
the city of New York; another statement as 
to all such votes cast upon every proposed 
constitutional amendment or other proposi- 
tion or question duly submitted to all the 
electors of the state; another statement as 
to all such votes cast for each county office, 
and office of school commissioner; for which 
the electors of such county, or any portion 
thereof, were entitled to vote at such elec- 
tion, and to be canvassed by them; another 
statement as to all the votes, if any, so cast 
upon any proposition or question upon which 
only the electors of such county were en- 
titled to vote at such election. In the coun- 
ties wholly or partly within the city of New 
York, the respective county boards shall 
make a separate statement as to the votes, 
if any, so cast upon any proposition or ques- 
tion upon which only the electors of such 
city were entitled to vote at such election 
in such county or portion thereof. Each such 
statement shall set forth, in words written 
out at length, all such votes cast for all the 
candidates for each such office; and if any 
such office was to be filled at such election by 
the electors of a portion only of such county 
all the votes cast for all the candidates for 
each office in any such portion of the county 
designating by its proper district number or 
other appropriate designation, the names of 
each such candidate and the number of votes 
so cast for each, the whole number of votes 
so cast upon any proposed constitutional 
amendment or other proposition or question 
and of all the votes so cast in favor' of and 
against the same respectively. In the coun- 
ties wholly or partly within the city of New 
Yoirk the respective county boards shall 
make a separate statement of the votes cast 
for all the city offices voted for by the elec- 
tors of such city or any portion thereof, 
within such counties. If, upon such canvass, 
in any statement or duly certified copy of 
statement of the result of the canvass of 
such votes of any election district in such 
county or city, there shall be included any 
ballot indorsed by the inspectors to the effect 
that it was objected to as marked for identi- 
fication, the county and city boards of can- 
vassers shall add to each appropriate state- 
ment in which the counting of any such bal- 
lot or any portion thereof is included, a 
•tatement of the whole number of ballots so 
Indorsed and counted. If, upon such canvass, 
in any statement or duly certified copy of a 
statement of the result of the canvass of the 
votes of any election district there shall be 
Included any ballot indorsed by the inspect- 


ors to the effect that it was rejected as void, 
the county and city boards of canvassers 
shall add to each appropriate statement, a 
statement of the whole number of ballots 
so indorsed. The statements required by 
this section shall each be certified as correct 
over the signatures of the members of the 
board, or a majority of them, and shall be 
filed and recorded in the office of the county 
clerk of such county. When the whole can- 
vass shall be completed, the original state- 
ments of canvass and certified copies used 
thereat shall be filed in the office of the secre- 
tary of tkfe board. The certified copies of 
such original statement of canvaiss not used 
as the canvass shall be retained in the office 
in which they were filed. The sealed pack- 
ages of void and protested ballots shall be re- 
tained inviolate in the office in which they 
are filed subject to the order and examination 
of a court of competent jurisdiction and may 
be destroyed at the end of six months from 
the time of the completion of such canvass, 
unless otherwise ordered by a court of com- 
petent jurisdiction. 

Sec. 24. Section one hundred and_ thirty-six 
of said act is hereby amended so as to read as 
follows: 


Decisions of county board as to persons elected. 


Section 136. Upon the completion of such 
statements the board of canvassers of each 
county shall determine what person has by 
the greatest number of votes been so elected 
to each office of member of assembly to be 
filled by the electors of each county for which 
they are county canvassers if constituting 
one assembly district or in each assembly dis- 
trict therein, if there be more than one, and 
each person elected by the greatest number 
of votes to each county office of such county 
to be filled at such election, and if there be 
more than one school commissioner district 
in such county, each person elected by the 
greatest number of votes to the office of 
school commissioner to be filled at such elec- 
tion in each such district. The county clerk 
of the county of Hamilton shall forthwith 
transmit to the county clerk of the county of 
Pulton, a certified copy of the statement so 
filed and record it in his office, of the county 
board of canvassers of Hamilton county, as to 
all the votes so cast in Hamilton county for 
all the candidates and for each of the can- 
didates for the office of member of assembly 
of the assembly district composed of Fulton 
and Hamilton counties, and the county clerk 
of Fulton county shall forthwith deliver the 
same to the Fulton county board of can- 
vassers, who shall from such certified copy 
and from their own statement as to the votes 
so cast for such office in Fulton county, de- 
termine what person was at such election, 
elected by the greatest number of votes to 
such office. Such board of each county shall 
determine whether any proposition or ques- 
tion submitted to the electors of such county 
only, has by the greatest number of votes 
been adopted or rejected. All such determin- 
ations shall be reduced to writing, and signed 
by the members of such board, or a majority 
of them, and filed and recorded in the office 
of the county clerk of such county, who shall 
cause a copy thereof, and of the statements 
filed and recorded in his office, upon which 
such determination was based, to be published 
in at least one newspaper published in such 
county, and in such other newspapers publish- 
ed therein as the county board of canvassers 
shall direct. The clerk of each county shall 
prepare as many certified copies of each cer- 
tificate of the determination of the county 
board of canvassers of such county as there 
are persons declared elected in such certifi- 
cate, and shall, without delay, transmit such 


copies to the persons therein declared to be 
elected, respectively. 

Section 25. Section one hundred and thirty- 
seven of said act is hereby amended so as to 
read as follows: 

Transmission of statements of county boards 

to secretary of state and municipal assembly. 

Sec. 137. Upon the filing in the office of the 
county clerk of a statement of the county 
board of canvassers as to the votes cast for 
candidates for the offices of electors of pres- 
ident and vice president, or as to the votes 
cast for candidates for state officers, except 
member of assembly and for representatives 
in congress, or as to the vote cast on any 
proposed constitutional amendment or other 
proposition or question submitted to all the 
electors of the state, such county clerk chall 
forthwith make three certified copies of each 
such statement and, within five days after the. 
filing thereof in his office, transmit by mall 
one of such copies to the secretary of state, 
one to the governor and one to the controller 
of the state. The governor and controller 
shall forthwith upon the receipt thereof by 
them deliver such certified copies to the sec- 
retary of state. If any certified copy shall 
not be received by the secretary of state on 
or before the last day of November next after 
a general election, or within twenty days 
after a special election, he shall dispatch a 
special messenger to obtain such certified copy 
from the county clerk required to transmit 
the same, and such county clerk shall imme- 
diately upon demand of such messenger at 
his office make and deliver such a certified 
copy to such messenger who shall, as soon as 
practicable, deliver it to the secretary of 
state. The county clerk of each county shall 
transmit to the secretary of state, within 
twenty days after a general election, and 
within ten days after a special election, a list 
of the name and residence of each person de- 
termined by the board of county canvassers 
of such county to be elected member of as- 
sembly, school commissioner and to any 
county office; and on or before the fifteenth 
day of December in each year a certified copy 
of the official canvass of the votes cast in each 
such county by election districts at the last 
preceding general election. The secretary of 
state shall obtain from the governor and con- 
troller such certified copies so transmitted to 
them and file the same in his office. 

Upon the filing in the office of the county 
clerk of a county wholly or partly within the 
city of New York of a statement of the county 
board of canvassers as to the votes cast for 
candidates for a city office within such city 
such county clerk shall forthwith make a cer- 
tified copy of each such statement and, with- 
in five days after the filing thereof in his of- 
fice, deliver in a sealed envelope such certi- 
fied copy to the clerk of the municipal assem- 
bly of the city of New York at his office in 
the borough of Manhattan, on or before the 
fifteenth day of December in any year in 
which there shall have been an election for a 
city office for w’hich votes were cast in such 
county wholly or partly within the city of 
New York the county clerk thereof shall file 
with the city clerk of such city a certified copy 
of the official canvass of the votes cast in 
such county or portion thereof by election dis- 
tricts for such city office and such canvass by 
election districts shall, as soon as possible 
thereafter, be published in the City Record. 

Sec. 26. The said act as hereby amended by 
adding thereto the following section after 
section one hundred and thirty-seven of said 


act. 


Organization and duties of board of canvassers 
of the city of New York. 

Sec. 138. The municipal assembly of the 
city of New York shall be the hoard of ««*- 




! 0 

*HE CHARTER FOR TOE GREATER NEW YORK. 165 

| - ■ " ' — - ~ • — - .. . — 


j vassers of the city of New York of the state- 
mentis of the county board of canvassers 
: of the counties wholly or partly within 
such city of the votes cast In such city 
I or any portion thereof for a city office or 
upon any proposition or question upon which 
only electors of such city were entitled 
to vote. The members of the municipal as- 
' sembly shall meet at the usual place for 
holding their regular meeting, of such body 
on the first Monday in December succeeding 
a general election for a city office within such 
city and within thirty days after such special 
election and shall organize by selecting one 
! of the members as chairman. The clerk of 
the municipal assembly shall be the secretary 
of such board or if he be absent or unable to 
‘ serve his chief deputy shall be the secretary 
^ of such board. The secretary shall thereupon 
administer to the chairman the constitutional 
J oath of office and the chairman shall admin- 
‘ ister such oath to the members of such board 
and the secretary thereof, 
k As soon as such board shall have organized 
the secretary shall deliver to such board the 
" certified copies of the statements of the county 
boards of canvassers of each county wholly or 
partly within such city of the votes cast for 
candidates for city office within such city and 
upon any proposition or question, if any sub- 
mitted, to the electors of such city only and 
1 the said board shall proceed to canvass such 
statements. If a certified copy of any state- 
ment of any county board required to be de^ 
i livered to said board shall not be delivered 
prior to the meeting and organization of said 
board, it may adjourn such meeting from day 
to day not exceeding a term of five days and 
; it shall be the duty of the secretary to pro- 
. cure from the county clerk of such county the 
required certified copy of such statement. 
s Upon the completion of such canvass said 
j board shall make separate tabulated state- 
ments signed by the members of such board 
, or a majority thereof, and attested by the 
secretary, of the whole number of votes cast 
. for all the candidates for each office shown by 
such certified statements to have been voted 
for and of the whole number of votes cast 
for each of such candidates indicating 
the number of votes cast in each 
county for them and if the voters of 
not more than one county or portion of such 
county were entitled to vote for such can- 
didates, the name and portion of such coun- 
ty and the name of each candidate, and the 
determination of the board of the persons 
thereby elected to such office by the greatest 
number of votes. The said board shall also 
make a separate similar tabulated statement 
of the vote cast upon any proposition or 
question submitted at the election to the elec- 
tors of such city only and shall include a de- 
termination as to whether such proposition or 
question by the greatest number of votes bas 


been adopted or rejected. Each such state- 
ment and determination shall be filed and 
recorded in the office of the clerk of the mu- 
nicipal assembly and the said board shall 
cause the publication of the same in at least 
two newspapers within such county wholly 
within such city and in the City Record. 

Upon the filing in his office of such state- 
ments and determination the clerk of the 
municipal assembly shall issue and transmit 
by mail or otherwise a certificate of election 
to each person shown thereby to be elected, 
such certificate to be countersigned by the 
mayor of the city of New York under the 
seal of the city of New York. 

Sec. 27. Sections 138, 139, 140 and 141 of 
said act are hereby renumbered 139, 140, 141 
and 142, respectively. 

Sec. 28. This act shall take effect on the first 
day of January in the year one thousand eight 
hundred and ninety-eight. 

AN ACT to provide for the election of 
supervisors in the several wards of 
the borough of Queens in the city of 
New York to be members of the board 
of supervisors of the county of 
Queens. 

The people of the state of New York, represented 
in senate and assembly, do enact as follows: 

Section 1. At the election to be held in the 
city of New York in the year 1897, and every 
two years thereafter, a supervisor shall be 
elected by the electors of each ward of the 
borough of Queens, and such supervisor shall 
be a member of the board of supervisors of 
the county of Queens. 

The term of office of such supervisor shall 
begin on the day on which town elections 
are required, by law, to be held in the sev- 
eral towns of the county of Queens in the 
year next succeeding his election and shall 
continue for two years. No person shall be 
eligible to the office of supervisor unless he 
shall be, at the time of his election, a quali- 
fied elector in the ward in which he shall be 
elected, and upon his removal from the ward 
he shall cease to be supervisor of such ward 
and the office shall be vacant. 

Sec. 2. Whenever the office of supervisor 
shall 'be vacant, for any cause whatever, the 
local board of the borough of Queens shall 
appoint a qualified elector of the ward in 
which the vacancy exists to fill out the unex- 
plred portion of the term. 

Sec. 3. This act shall take effect immedi- 
ately. 

AN ACT in relation to the city court of 
the city of New York and for the ac- 
commodation thereof, and authorizing 
the fitting up and equipping of cer- 


tain parts of the city hall in the city 
of New York. 

The people of the staUofNew York, representea 

in senate and assembly, do enact as follows: 

Section 1. The board of estimate and appor- 
tionment of the city of New York is hereby 
authorized and empowered to select, lease 
and procure suitable accommodations for the 
city court of the city of New York and for 
the judges and clerk thereof. The commis- 
sioner of public works of said city, when, 
thereto authorized and directed by the board 
of estimate and apportionment, shall furnish, 
prepare and equip the premises leased and 
selected as hereinbefore provided for the 
use of said court. Any building, room or 
premises procured or leased in accordance 
with law for the use of the said city court in 
the city of New York shall be deemed a part 
of the city hall of the city of New York for 
the purpose of holding terms of tfce city court 
therein. The premises leased as herein pro- 
vided shall be ready for the occupancy of 
said court on or before the first day of Sep- 
tember, 1897, and on said date said court 
shall vacate the rooms now occupied by it in 
the city hall. 

Sec. 2. After the city court shall have va- 
cated the rooms now occupied by It in the 
city hall, as hereinbefore provided, the com- 
missioner of public works, when thereto di- 
rected by the board of estimate and appor- 
tionment, and upon plans approved by it, 
shall remodel the space in said city hall, 
heretofore occupied by said court, so" as to 
provide a suitable chamber or meeting room 
and other apartments for the use of the 
counsel of the municipal assembly and 
its officers, provided for by chapter 
of the laws of one thousand eight 
hundred and ninety-seven. Said commis- 
sioner of public works shall in the same 
manner provide a suitable meeting room 
and offices in the said city hall for the 
board of public improvements of said city, 
also provided for by chapter of 

the laws of eighteen hundred and ninety- 
seven. He shall also procure the furniture 
and other fittings suitable to such rooms when 
thus altered. 

Sec. 3. The expense necessary to carry these 
provisions into effect shall be paid by the 
city and county of New York, and the con- 
troller of said city shall issue revenue bonds 
of said city for the purpose of providing 
for such expenses; the amount necessary to 
pay the principal and interest of said bonds 
shall be included in the final estimate of 
the amount necessary to be raised by taxa- 
tion for the purposes of the government of 
said city for the ensuing year. 

Sec. 4. This act shall take effect imme- 
diately. 


PROPOSED CONSTITUTIONAL AMENDMENTS. 


Proposed Constitutional Amendments 
as to Boards of Supervisors. 

Amend section 26, article III, of the constitu- 
tion to read as follows: 

“Boards of supervisors. Sec. 26. There 
shall be in the several counties, except in 
cities which wholly include within their 
boundaries one or more counties, a board 
of supervisors, to be composed of such mem- 
bers and elected in such manner and for such 
period as is or may be provided by law. 


In any such City he duties and powers of 
a board of supervisors may be devolved upon 
the municipal assembly, common council, 
board of aldermen or other legislative body 
of the city.” 

Proposed Constitutional Amendment 
as to Minority Representation. 
Amend section 1, article II, of the constitu- 
tion to read as follows: 

“Section 1. Every male citizen of the age 
of twenty-one years, who shall have been a 


citizen for ten days, and an inhabitant at 
this state one year next preceding an election, 
and the last four months a resident of the 
county, and for the last thirty days a resi- 
dent of the election district in which he may 
offer his vote, shall be entitled to vote at 
such election in the election district of 
which he shall at the time be a resident, 
and not elsewhere, for all officers that now 
are or hereafter may be elective by the 
people; and upon all questions which may 
be submitted to the vote of the people; 
the legislature may, however, enact law* 


166 


THE CHARTER FOR THE GREATER NEW YORK. 


■which, in elections by the people, tor 
offices in municipal or public corporations or 
any class of such corporations, shall pro- 
vide for minority or proportional repre- 
sentation in such elections. Provided 
that in time of war no elector in actual 
military service of the state or of the United 
States, in the army or navy thereof, shall be 
deprived of his vote by reason of his ab- 
sence from such election district; and the 
legislature shall have power to provide the 
manner in which and the time and place 
at which such absent electors may vote, and 
for the return and canvass of their votes in 
the election districts in which they respec- 
tively reside.” 

Proposed Constitutional Amendment as 
to Limitation of Indebtedness. 

Amend section 10, article VIII, of the constitu- 
tion, to read as follows: 

“counties, cities and towns not 

TO GIVE OB LOAN MONEY OK 
CBEDIT; LIMITATION OE INDEBTEDNESS — 

Bee. 10. No county, city, town or village shall 
hereafter give any money or property, or loan 
its money or credit to or in aid of any individ- 
ual, association or corporation, or become di- 
rectly or indirectly the owner of stock in, or 
bonds of, any association or corporation; nor 
Shall any such county, city, town or village 


be allowed to incur any indebtedness except 
for county, city, town or village purposes. This 
section shall not prevent such county, city, 
town or village from making such provision 
for the aid or support of its poor as may be 
authorized by law. No county or city shall 
be allowed to become indebted for any purpose 
or in any manner to an amount which, includ- 
ing existing indebtedness, shall exceed 10 per 
centum of the assessed valuation of the real 
estate of such couijty or city subject to taxa- 
tion, as it appeared by the assessment-rolls 
of said county or city on the last assessment 
for state or county taxes prior to the incur- 
ring of such indebtedness; and all indebted- 
ness in excess of such limitation, except such 
as may now exist, shall be absolutely void, 
except as herein otherwise provided. No 
county or city whose present indebtedness ex- 
ceeds 10 per centum of the assessed valuation 
of its real estate subject to taxation, shall be 
allowed to become indebted in any further 
amount until such indebtedness shall be re- 
duced within such limit. This section shall 
not be construed to prevent the issuing of 
certificates of indebtedness or revenue bonds 
issued in anticipation of the collection of taxes 
for amounts actually contained, or to be con- 
tained in the taxes for the year when such 
certificates or revenue bonds are issued and 
payable out of such taxes. 

‘‘Nor shall this section be construed to pre- 
vent the issue of bonds to provide for the sup- 
ply of water; but the term of the bonds issued 


to provide the supply of water shall not ex- 
ceed twenty years, and a sinking fund shall 
be created on the issuing of the said bonds 
for their redemption, by raising annually a 
sum which will produce an amount equal to 
the sum of the principal and interest of said 
bonds at their maturity. All certificates of 
indebtedness or revenue bonds issued in antic- 
ipation of the collection of taxes, which are not 
retired within five years after their date of 
issue, and bonds issu d to provide for the sup- 
ply of water, and any debt hereafter incurred 
by any portion or part of a city, if there shall 
be any such debt, shall be included in ascertain- 
ing the power of the city to become otherwise 
indebted. Within the boundaries of a city are 
the same as those of a county, or when any city 
shall include within its boundaries more than 
one county, the power of any county wholly* 
included within such city to become indebted 
shall cease, but the debt of the county hereto- 
fore existing shall not, for the purposes of 
this section, be reckoned as a part of the city 
debt. The amount hereafter to be raised by 
tax for county or city purposes, in any coun- 
ty containing a city of over one hundred 
thousand inhabitants, or any such city of this 
state, in addition to providing for the princi- 
pal and interest of existing debt, shall not in 
the aggregate exceed in any one year 2 per 
centum of the assessed valuation of the real 
and personal estate of such county or city, to 
be ascertained as prescribed in this section in 
respect to county or city debt.” 


‘ SUPPLEMENTARY STATEMENT 

BY 

COMMISSIONERS SETH LOW AND W. L. STRONG. 


Seth Low and Mayor Strong sent this letter 
to Secretary Pinney: 

Sir — As the undersinged have voted for the 
greater New York charter as a whole, and 
have joined In the report to the legislature to 
be summitted in connection therewith, they 
wish to have it made a matter of record that, 
in the framing of the charter and for the 
reasons stated below, they have both spoken 
and voted: 

1. For a municipal assembly with a single 
chamber. 

2. For a single police commissioner and an 
independent board of elections. 

3. For granting to the mayor the power of 
removal, without charges, in the public in- 
terest, throughout the whole of his term, in- 
stead of limiting this power, as the charter 
does, to the first six months of his term only. 

They propose to support the charter as a 
whole, notwithstanding that in these import- 
ant particulars it differs from what they 
think it ought to be, because they believe that 
as a whole its merits outweigh its defects and 
because they also believe that under it consoli- 
dation can safely be brought about. 

The undersigned believe that in the ma- 
jority of cities in the United States, as well 
as elsewhere, the legislative body consists 
of one chamber. The city of New York itself 
has had two chambers in its legislative body. 
The two chambers did not prove so valuable 
as to make the city desirous to keep them. 
The analogy sometimes drawn between the 
legislative body of a city and congress or 
the legislature of a state, in the opinion of 
the undersigned, is misleading. A city legis- 
lature does not deal, in a large sense, with 
political questions, but only with a limited 


number of specified subjects. Neither the 
United States nor any state of the Union 
keeps a legislature with two houses in con- 
stant session. All the states of the Union, 
except six, restrict a meeting of their legis- 
lature to a biennial session. This does not 
mean that the government of a city is by any 
means all business; and yet it is true, in the 
opinion of the undersigned, that it is much 
more business than it is government in the 
larger sense. The people of the city look to 
the state and not to the city for the protection 
of life and property. The city is simply the 
agent of the state, so far as it has to do with 
the police force, with schools, with the pub- 
lic health, and, generally speaking, a3 to all 
the matters that relate to the life of the citi- 
zen. As to these subjects, the proposed char- 
ter gives to the municipal legislature almost 
no voice at all, except a voice as to the amount 
of money to be expended for such purposes. 
On the other hand, as to the matter that re- 
lates to the business of the citizen, the open- 
ing and making of streets, the supply of 
water, and all the rest of it, the city is not so 
much the agent of the state as it is the agent 
of the people of the city. What is to be 
especially sought, therefore, as it appears to 
the undersigned, in the organization of a city 
government in relation to all such matters, 
is a system that will first of all prevent 
the abuses springing from recklessness or dis- 
honesty, and that will lend itself to the ef- 
[ ficient conduct of the city’s business. The 
undersigned believe that the charter makes 
ample provision, so far as any charter can, 
without regard to the fact that the municipal 
assembly is divided into two houses, against 
both recklessness and dishonesty on the part 


of the officials of the city. Whatever merits 
may appertain to the system of a municipal 
assembly with two chambers it can hardly be 
contended that it lends itself to efficiency. 
It is much more likely to lend itself to 
vexatious and costly delay. For the rest, 
the undersigned believe that the concentration 
of responsibility for legislation that is proper 
to a city in a single chamber is likely to avert 
mischief more successfully than the division 
of power between two chambers. They do, 
however, believe in a large legislative body 
for so large a city. 

The Lexow commission, by its investigation 
of the police department of New York, made 
clear to everybody what was before only dim- 
ly suspected— namely, the vast opportunity 
there is for abuse of the powers that the po- 
lice department must have. Under these cir- 
cumstances it appears to the undersigned to 
be the dictate of political wisdom to give to 
the police department no more power than it 
must have. For this reason the undersigned 
would not give to the police department the 
entire control of elections. They would rather 
preserve an independent board of elections to 
do for greater New York what an independ- 
ent board of elections has done for the City 
of Brooklyn in the main satisfactorily for 
twenty-five years. If it be argued that the 
police board must have the entire control of 
elections because the police force has to be so 
largely used on election day and in connec- 
tion with elections, the best answer is that in 
Brooklyn for a quarter of a century the con- 
trary system has prevailed to the general sat- 
isfaction of the people. If the election busi- 
ness is not confided to the police department 
the principal argument in the opinion of the 


167 


THE CHARTER FOR THE GREATER NEW YORK. 


undersigned, in favor of a four headed police 
hoard, the members of which are to be se- 
lected so that the politics of not more than 
two at the time of their appointment shall 
be the same, appears to fall to the ground. 
It is admitted that in a city with a police 
force so large as that of the greater New 
York the organization of the department with 
a single commissioner at its head would re- 
quire special arrangements for trials and for 
the discharge of some of the other functions 
of the department. It is also admitted that 
the chapter on the police department in the 
proposed charter is a great improvement, a6 
the undersigned think, upon the present law 
relating to the police department of the city 
of New York, but- for the proper business of 
the police the undersigned would rather 
trust to the safety to be had by holding one 
man responsible for the administration of the 
government than to any safety that can come 
from dividing responsibility for the adminis- 
tration of the department between the mem- 
bers of a board of four men. 

The undersigned believe that the authority 
given to the mayor to make appointments 
without confirmation ought to carry with it, 
as a matter of course, the authority to make 


removals in the public interest without 
charges at any time. In other words, the 
power to appoint on so large a scale and to 
such important positions oughf to carry with 
it a corresponding responsibility attached to 
the power. If a mayor knows that he must 
be responsible at all times for the conduct 
of every appointee because he can remove 
him if he fails to give satisfaction to the 
public, the mayor, in the opinion of the under- 
signed, is much more likely to be careful in 
the choice of his men than if, after six 
months, he is to be free from the conse- 
quences of any mistakes that he may make. 
Again, responsibility to the mayor on the 
part of the administrative departments is 
the chief element that makes for unity in 
the administration of the city and that lends 
itself unceasingly to efficiency. One has to 
choose at many points in organizing a city 
government between efficiency and the as- 
sumed safety to be had by a division of 
powers. The undersigned believe that much 
division of administrative power not only 
makes it difficult to accomplish positive good, 
but is itself always effecting serious harm 
by making positive action difficult or impos- 
sible. They also believe that no priniciple 


can be appealed to more safely in public life 
than the principle of locating responsibility 
upon public officers so clearly that they can- 
not evade it. Every department of the city 
government is conducted from necessity upon 
this basis, and it is not apparent why the 
different departments, in their relation to the 
principal administrator of the city, the mayor, 
should not be carried on, in the interest of 
the city, upon the same theory. 

The undersigned recognize that in a work 
like that of preparing a charter for greater 
New York the views of the majority of those 
to whom the duty of framing a charter is 
committed must prevail. Strongly as they be- 
lieve that in the points indicated the charter 
is at fault, they are nevertheless prepared to 
support it for the reasons already given; but 
in doing so they wish it to be known that 
they think the charter is constructed, in these 
particulars, upon a wrong theory. The char- 
ter, at these points, appeals for safety to a 
division of power. The undersigned, at these 
points, would seek safety, on the other hand, 
by locating responsibility so clearly that there 
is no possibility of evading it. Respectfully. 

W. L. STRONG 

SETH LOW, 


SUPPLEMENTARY STATEMENT 

BY A 

MAJORITY OF THE COMMISSIONERS. 


The statement of the majority, which was 
filed for record with Secretary Pinney, is as 
follows: 

In constituting the municipal assembly, the com- 
mission found that it had to deal with a communi- 
ty of 3,000,000 of people and with an annual budget 
of 560,000,000, and that adequately to deal with 
these subjects required the exercise of many and 
varied powers. When scrutinized. It will be found 
that all of the powers conferred by the charter 
upon the municipal assembly are essentially legis- 
lative in their character. They, are conferred for 
no other reason. No conception is more erroneous 
than the one which regards the government of a 
great community such as the proposed charter 
will constitute, as simply or chiefly the govern- 
ment of the pecuniary affairs of a business corpo- 
ration. 

There is in reality little analogy. It was indis- 
pensable to confer the necessary powers of local 
government, and, as is the case in all American 
governments, to provide safeguards against the 
misuse of such powers. 

In the opinion of the majority, not the least 
among the safeguards which have been provided 
against hasty and ill advised action is the con- 
stitution of the muncipal assembly with two 
branches. This is the form of legislative assem- 
bly that prevails in every state in the Union; in 
fact, in almost every country having free govern- 
ment like our own. In adopting it, we avail our- 
selves of the experience of the world. 

The results of American and of general ex- 
perience concerning the utility of two chambers 
in legislative bodies are thus forcibly stated by 
Chancellor Kent (Commentaries on American 
Law, vol. I., p. 222): 

“The division of the legislature,” he observes, 
“into two separate and independent branches is 
founded on such obvious principles of good policy 
and is so strongly recomrr\ended by the unequi- 
vocal language of experience that it has ob- 
tained the general approbation of the people of 


this country. One great object of this separation 
of the legislature into two houses, acting sepa- 
rately and with co-ordinate powers is to destroy 
the evil effects of sudden and strong excite- 
ment and of precipitate measures spring from 
passion, caprice, prejudice, personal influence 
and party Intrigue, and which have been found 
by sad experience to exercise a potent and dan- 
gerous sway In single assemblies. The legisla- 
tures of Pennsylvania and Georgia consisted orig- 
inally of a single house. The instability and 
passion which marked their proceedings were 
very visible at the time and the subject of much 
public animadversion, and in the subsequent 
reform of their constitutions the people were so 
sensible of this defect and of the Inconvenience 
they had suffered from it that in both states a 
senate was introduced.” 

Mr. Madison, in the Federalist, No. LXII, says: 

“A second branch of the legislative assembly, 
distinct from and dividing the power with a 
first, must be in all cases a salutary check on the 
government. This is a precaution founded on 
such clear principles and now so well understood 
In the United States that it would be more than 
superfluous to enlarge on it.” 

But it may be objected that while these truths 
are axiomatic and fundamental as respects con- 
gress and the states, they are inapplicable 
to the municipal legislature of the city of New 
York. This is a mistake. Whether we con ider 
size, population, the magnitude of the interests 
at stake, or the nature of the functions to be per- 
formed, no reason can be given why there should 
be two legislative branches in an ordinary state 
legislature which does not equally apply to a mu- 
nicipal assembly of a great <?lty like New York. 
Ttys body exercises important governmental pow- 
ers and jurisdiction over more people, with two 
or three exceptions, and deals with a budget larg- 
er than any of the states, without exception, and 
larger than that of the United States for many 
years after the formation of the government. No 
one proposes to abolish the two houses in 


our legislative assemblies and to substitute one. 

In the deliberate judgment of the majority of 
the commission, when the size and circumstance! 
of greater New York are considered, the all suf- 
ficient justification for two houses in the municipal 
assembly is that it presents an additional barrier 
against bad schemes or rash and precipitate legis- 
lation. Nor ’s this all. It has another distinct 
advantage. It enables the members of the upper 
house to be chosen from a larger constituency 
(about 350,000) than members of the lower house 
(about 50,000), and gives all the advantages that 
result from this circumstance. 

If objection is made that the delay in legislation 
and possible difference of opinion between the two 
houses will impair the usefulness of the legislative 
body by rendering it difAcult to pass needful 
measures of legislation, the objection is not well 
founded. 

All experience shows that cities suffer not 

from non-action, but from overaction, and 
hasty and improvident action. Under the scheme 
of the charter and under the general ordinances 
which will be adopted pursuant to It, the current 
and routine affairs of the municipality will go 
on without ordinarily requiring special action on 
the part of the municipal assembly. No substan- 
tial harm can come from the existence of a sec- 
ond body, and much substantial evil may be 
prevented. In short, the existence of two houses 
necessarily insures greater deliberation, publicity 
and public discussion, without endangering the 
ultimate passage of measures meritorious in their 
character. The existence of two independent 
houses does not in the slightest degree diminish 
the responsibility of each. It rather increases 
such responsibility in case of a difference of 
opinion. 

It may be objected that the size of the munici- 
pal assembly is unnecessarily great. This objec- 
tion, when we consider that upon the adoption 
of the charter New York will in size and popula- 
tion become the second city of the world, is not 
well founded. Experience shows that it is inojm 


168 


THE CHARTER FOR THE GREATER NEW YORK 


difficult to corrupt, to mislead and to form per- 
nicious combinations in large than in small legis- 
lative bodies. The municipal assembly as pro- 
posed is not nearly as large as the average legis- 
lative bodies in this country dealing with people 
less numerous and subjects not more important. 
The experience of other countries is almost uni- 
form to this effect. The present common council 
of the city of London consists of 232 members; the 
county council of London is composed of 23S 
members; the common council of Manchester, 
104; of Glasgow, 78; of Liverpool, 64; of Paris, SO; 
of Berlin, 126, and of Vienna, 138. 

The police department under the new charter 
Is organized upon principles quite different from 
anything that has heretofore prevailed either in 
New York or Brooklyn. 

The commission was a unit in believing that 
the one thing to be avoided is a partisan head of 
the police department. The only difference in 
opinion was as to the best method by which this 
result could be attained. It was the opinion of 
some of the members that it should be done by 
vesting the authority of the police department in a 
single commissioner. The majority of the com- 
mission is, however, unable to believe that a 
mayor whose election is the result of a sharp 
political contest will be likely to appoint a non- 
partisan as the head of the police department. The 
•entiment of his party would be against such an 
appointment, and the pressure would be too 
ffreat to be resisted. 

In the opinion of the majority of the commis- 
sion the only method by which such an appoint- 
ment can surely be prevented is by expressly pro- 
hibiting it. It was, therefore, finally determined 
that the head of the force should be a board of 
four commissioners and that “no more than two 
of such commissioners shall, when either of them 
is appointed, belong to the same political party or 
be of the same political opinion on state and 
national subjects.*' With this single limitation 
the mayor is given an absolutely free hand in 
constituting the board. Prohibited by law T from 
creating a partisan board he will be left compara- 
tively free from party pressure. 

Nor does it necessarily follow that the board 
shall be bi-partisan. If the mayor desires a non- 
partisan department, it can be so made as read- 
ily through a commission of four members as 
through a single commissioner. In either case, 
the mayor can select as commissioners citizens 
who value the efficiency of the department and 
the welfare of the city far above any question of 
mere party patronage. 

To avoid the objection of inefficiency, it is pro- 
vided that the chief of police shall be the chief 
executive officer of the force, and shall have free 
and absolute control of its movements. With the 
exception of certain permanent details to the 
park department, the bridge department and the 
health department, and of permanent assignments 
of patrolmen to duty as roundsmen as a basis of 
promotion, which assignments are made by the 
board on the recommendation of the chief, the 
entire authority to asign officers to duty is vested 
in the chief, and he has “power to change such 
assignments from time to time whenever, in his 
judgment, the emergencies of the service may re- 
quire it." 

The powers and duties of the police board com- 
prise the making of rules, orders and regulations; 
the care and control of funds and other property 
of the department, and the trial of all charges 
against members of the police force. Upon it, 
therefore, devolve all matters which require de- 
liberation and discussion, and which are in their 
nature legislative or judicial. 

The movement and direction of the uniformed 

rce, on the other hand, is vested In a single 
bead— -that head not a partisan civilian, untrained 
in the police service, but a tried and experienced 
officer, who has risen from the ranks, through 
a I grades of service, to the chief command, who 
knows little and cares less for party considera- 
tions and party contests, but who is thorougtdy 
imbued with the conviction that the chief object 
and purpose of the police force is to preserve the 
peace and good order of the city. 

Promotions are made only on the recommenda- 
tion of the chief; to prevent deadlocks, it is especi- 
ally provided that “in case of the rejection of any 
recommendation for promotion, the chief of police 
Ihall submit another name within three days, and 


shall continue so to do until such vacancy is 
filled.’’ 

Again, in ordex; to furnish a safeguard against 
a chief who is either incompetent or who abuses 
his power as the military head of the force, the 
charter provides that he may be retired, and thus 
removed from office, by the unanimous vote of the 
board, or by a majority vote with the approval of 
the mayor. 

We believe that the system as proposed in the 
charter is greatly preferable to any of the systems 
as they have heretofore existed in the cities about 
to be consolidated. To substitute one commission- 
er for the board of four commissioners, and to 
devolve upon him the duties which are to be dis- 
charged by the board, is impracticable. It would 
not be within the physical power of any one man 
to discharge them, and it would be necessary for 
him to have assistants, with duties and emolu- 
ments substantially the same as those of three 
commissioners. At present one of the commis- 
sioners is treasuier of the department and will be 
called upon to disburse not less than $6,000,000 an- 
nually. With a single commissioner, of course, 
a treasurer of the force, with a salary equal to 
that of a commissioner, would be necessary. 

The commissioners are also trustees of the police 
pension fund, the annual disbursements of which 
amounted in the city of New York alone during 
the last year to more than $1,000,000. The commis- 
sioners pay out from month to month to the ben- 
eficiaries of the fund the sums to which they are 
entitled. To them are presented all claims for 
pensions. They investigate and allow or reject 
such claims, and when allowed to fix the amount 
of the pension to be paid. 

Finally, upon the police commissioners is devolv- 
ed the arduous duty of trying patrolmen and 
officers for breaches of police discipline. In New 
York alone there are over 6,000 trials per annum 
and under the new force it is safe to say that the 
number will exceed 6,000, or twenty a day for 
every ■working day in the year. The charges must 
be made in writing, notice must be given and an 
opportunity afforded to answer, a day fixed for 
the hearing, the hearing had, the accused having 
the right to appear and be represented by coun- 
sel, testimony must be taken and reduced to 
writing, and judgment and sentence awarded. It 
is absurd to suppose that a single commissioner, 
in addition to the large duties otherwise devolved 
upon him, could possibly hear and determine all 
these cases. 

It is obvious that the substitution in the place 
of a board 'of a single commissioner clothed with 
all necessary powers as the head of the police 
department would necessitate an entire change 
in the method of maintaining the discipline of 
the force and of the trial of charges of neglect 
of duty. 

One of two plans would necessarily be followed: 
(1) That officers should be detailed and courts 
constituted as military 'courts, similar in their 
nature to courts-martial, to try offenses. Under 
such an arrangement, officers would enforce the 
discipline of the department upon each other, a 
system which is subject to criticism even in the 
army and navy, and which, so far as we are 
advised, has never been employed for the purpose 
of maintaining the discipline of a purely civil 
force like the police. (2) To organize courts out- 
side the police department for the purpose of 
trying cases involving breaches of police discip- 
line. 

It was seriously considered when the subject 
was under discussion by the commission, whether 
separate courts should not be constituted for 
the trial of police offenses. Objection was made 
to the plan as depriving the police department 
of all authority over its officers, and as being 
entirely destructive of discipline. It was, there- 
fore, finally abandoned as impracticable. 

It is believed that no judicial system for the 
police department would be as satisfactory as 
that administered by the members of the police 
board. 

The final and conclusive objection, however, to 
a single commissioner is that the power over the 
property and liberty of the citizen, wielded by the 
head of such a body as the police force of the 
consolidated city is too tremendous to be in- 
trusted to any one man. The abuse of such power 
when In the hands of a single individual could 
only be known when the power had been exercised 
and the mischief had been done and even then its 


operation would be so secret and so insidious 
that detection would be difficult and prevention 
out of the question. 

Under the system as now constituted the advan- 
tages of a single head in unity of purpose, prac- 
tical direction and prompt and efficient action 
are secured, while at the same time a body exists 
whose specific duty it is to observe from day to 
day the methods of action, to supervise the exe- 
cution of laws and regulations in their minutest 
details and to challenge all deviations from duty. 
The legislative and administrative action of this 
supervising body being that of a board which can 
only act by resolution, is the subject of record, 
and is consequently entirely open to the inspection 
of the higher municipal authorities and of the 
public generally. 

Such a system, it is believed, secures the highest 
degree of positive efficiency, While at the same 
time it contains within it sufch checks and bal- 
ances as are necessary to prevent the exeiois<< 
of arbitrary power and to insure that publicity 
which is an essential condition of municipal gov- 
ernment. 

III. 

The proposed charter gives to the mayor the 
power to appoint the corporation counsel and all 
the administrative and executive officers of the 
city, except the controller. The mayor has also 
a supervising control over all the various de- 
partments. The proposed charter enlarges hi* 
veto power upon the acts of the legislative body. 
The power of the mayor of New York, under the 
proposed charter, will be greater than that of 
the mayor of the present city of New York. 

The commission found that the legislature, by 
chapter II of the laws of 1895, had recently dealt 
specially with the subject of the power of the 
mayor to make removals from office, had en- 
larged that power as it theretofore existed, and 
provided that at any time within six months after 
the commencement of his term of office the mayor 
may, at pleasure, remove from office any public 
officer holding office by appointment from him; 
after that on charges. 

The commission continued this power without 
substantial change. It 'changed the phraseology 
of the previous act which authorized* the mayor 
to remove at pleasure during the first six months 
of his administration, so as to provide for giving 
him absolute power to remove during the first 
six months, whenever, in his judgment, the 
public interests require its exercise. After six 
months and during the remainder of his term he 
can remove; but only on charges and with the 
approval of the governor. 

In view of the large sums of money to be ex- 
pended annually by the various departments, and 
of the enormous power vested in the police de- 
partment, the majority were unw'illing to vest 
in the mayor throughout his entire term the ab- 
solute power of removal at will of all the heads 
of departments, including the police. 

The mere existence, unrestrained, of a power 
so tremendous in a single officer would, in itself, 
be a constant menace, not alone to the people of 
the city, but of the entire state. The consequences 
of the exercise of such a power, when wielded 
by a weak, an ambitious, or an unscrupulous 
man, are fearful to oontemplate. He could use 
this vast power and patronage to effect personal 
and partisan ends, and readily control a city 
election, and at times a state or even a national 
election. 

The charter proceeds on the principle through- 
out that it is desirable to locate responsibility 
upon public officers, and to so locate it that they 
cannot readily evade It. 

With this view, the power of the mayor, as 
the proposed charter leaves It, is greater than it 
was before, and greater than exists in any like 
officer in the world. It will be. observed that the 
mayor’s power of removal is coextensive with his 
term, the only limitation being that, after the 
end of six months, it can only be exercised as 
above stated for inefficiency or other cause. 

When the mayor, in making an appointment to 
these great offices, knows that his absolute power 
of removal is limited to six months, he is far 
more likely to be careful in the selection and ap- 
pointment than if he had an unqualified power 
of removal commensurate with his whole term. 
The charter as drafted, in this respect, therefore, 
combines the principle of power and its respon- 
sibility with such necessary limitations only as 
are essential to the public welfare and safety. 





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